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SAN DIEGO (AP) — A Marine who worked jointly in Iraq with a decorated Navy SEAL accused of murder testified Thursday that the SEAL did not stab a teenage Islamic State prisoner in his care.Marine Staff Sergeant Georgio Kirylo said that he did not see stab wounds on the neck of the dead captive when he moved the body to position it for a so-called "trophy" photo.Kirylo took the stand in the San Diego court-martial of SEAL Chief Edward Gallagher, who is accused of fatally stabbing the adolescent militant in 2017. Gallagher, 40, has pleaded not guilty to murder and attempted murder.His statements followed testimony of an Iraqi general who said he was with the prisoner until he died, and that he did not see Gallagher stab him.Two SEALs previously testified that they saw Gallagher plunge a knife into the prisoner's neck. Kirylo said he was close with the SEALs who said they witnessed the stabbing, but he has since ended those friendships because the men are liars.Kirylo described Gallagher as an "old school" SEAL whose younger team members sometimes complained about his tactics.Kirylo said when he moved the captive a bandage came off the teen's neck and there were no stab wounds. He said some of the men in the platoon took turns taking photos with the body because they were excited that they had coordinated an air strike with Iraqi troops that had killed Islamic State fighters including the captive's commander."This was our unofficial war trophy," he said.Iraqi General Abbas al-Jubouri, whose forces were partnered with U.S. troops, testified that he handed over the wounded militant to SEALs to keep him alive for interrogation.The general was questioned June 3 and video of the testimony was shown to the jury on Thursday.The general said during defense questioning that he did not see Gallagher harm the captive in any way — and if he had, he would have spoken up."If he did any mistake with this kid, or if anyone had from the Navy SEALs, I would have stopped them," al-Jubouri said.Navy medics did their best to save the captive, he said.When he was shown photos of the dead militant with bandages around his neck and tubes in his chest, al-Jubouri said he'd never seen the images before.The general said the militant told him he was 17 years old.The trial resumed a day after officials said a SEAL who testified that it was he — not Gallagher — who killed the wounded prisoner may face perjury charges. The Navy said it is reviewing Corey Scott's statements following his stunning testimony last week.Witnesses had said they saw Gallagher stab a wounded Islamic State captive in the neck and shoot at two civilians during his 2017 tour in Iraq.Scott testified that he actually killed the captive by plugging his breathing tube. Scott said he thought the boy would survive Gallagher's stabbing and wanted to spare him being tortured by Iraqi forces.Prosecutors said Scott had never mentioned the asphyxiation in multiple conversations with them before the trial. Scott said they never asked him the cause of death.The defense has repeatedly argued that Gallagher was being framed by tainted or even false evidence.On Tuesday, the Navy's legal adviser to the commander overseeing the court-martial notified Scott's lawyer, Brian Ferguson, that Scott's testimony could be used against him if he lied.Capt. Donald King's email said Scott's testimony directly contradicted "previous official statements — thus exposing him to prosecution."Cmdr. Tam Lawrence, Naval Special Warfare spokesman, said Scott was granted immunity in exchange for the promise of truthful testimony.Scott's statements were being reviewed but "no decisions have been made," she said.Ferguson declined to comment.Gallagher's superior, Master Chief Petty Officer Brian Alazzawi, testified Tuesday that Gallagher and his platoon were considered "rock stars" after returning from the 2017 deployment to Iraq in which they aided Iraqi forces in ousting ISIS from Mosul.But he noticed some platoon members seemed dejected despite the praise.Alazzawi said Special Operator First Class Craig Miller told him in October 2017 that Gallagher had stabbed a prisoner on May 3 while deployed.Miller told Alazzawi that he was coming forward because Gallagher was being promoted and nominated for a Silver Star.Alazzawi said he trusted Miller and found the report credible. He told the troop commander but the alleged war crime wasn't reported outside SEAL Team 7 until January 2018 — when Alazzawi got word that several SEALs had planned to go as high as the Navy commodore because nothing was being done.Alazzawi did not explain why he and the troop commander had taken no action.___Weber reported from Los Angeles. 4704

SAN DIEGO — With in-restaurant dining now outlawed amid the Coronavirus outbreak, a South Park neighborhood bistro has transformed itself into a local grocer where shoppers can get produce, milk, eggs, and - yes - toilet paper.Ownership at Eclipse Chocolate made the move this week to help the business get through a time when they can't carry out the core of their business - in house dining. "We were already selling our own chocolate, we're also selling local food brands, we do that all the time, so really it was just a matter of rearranging our own furniture," said Daniel Youngren, a co-owner of the eatery. Restaurants across San Diego County have been hit hard due to the restrictions, with many either shutting down or offering discounts for takeout. More than 126,000 San Diegans work in the industry, which has seen employees either lose their jobs or have their hours cut.Youngren says Eclipse Chocolate is no exception, with a number of its 20 employees seeing fewer hours and applying for unemployment assistance. Still, he says this allows the restaurant to make up at least a portion of the revenue lost and keep some workers busy, while also fulfilling its mission of getting food to people who are hungry.On Thursday, Eclipse Chocolate had used the tables from its dining room to offer apples, tomatoes, onions, cauliflower, to name a few. It also was getting a delivery of milk, eggs, butter, and toilet paper. "We do it all," Youngren said. "Our rent is very expensive, we designed this business, this child of ours to work in a pretty specific way. It is meant to be really adaptable." 1615

SAN DIEGO (AP) -- The Trump administration fully restored the Obama-era Deferred Action for Childhood Arrivals (DACA) program for immigrants brought to the U.S. as young people, complying with a federal judge's order.The announcement is a major victory for people who have been unable to apply since Trump ended DACA in September 2017. His administration has long argued that DACA is unconstitutional.There is a key hearing Dec. 22 in Texas in a lawsuit by several states challenging DACA's legality.President-elect Joe Biden has pledged to reinstate DACA when he takes office in January but permanent legal status and a path to citizenship would require congressional approval. 686

SAN DIEGO (CNS) - A 27-year-old man is recovering Sunday after being shot in the back in the Mountain View area , police said.A verbal argument between two groups Saturday in the 200 block of Southlook Avenue, which started just before 9 p.m., escalated into a violent encounter, according to Officer Robert Heims of the San Diego Police Department."During the fight someone fired multiple shots into the crowd," he said. "Everyone fled the scene after the shots were fired."An 18-year-old man was detained and later arrested, Heims said.San Diego Police Gang Detectives are currently investigating the case.The victim's injuries don't appear to be life threatening, authorities said.Anyone with information about the shooting is encouraged to call Crime Stoppers at 888-580-8477. 788

SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990