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SAN DIEGO (AP) — A Navy SEAL committed murder during a deployment to Iraq and the proof is in his own words, his own photos and the testimony of his fellow troops, a military prosecutor told a jury Monday.Cmdr. Jeff Pietrzyk said in closing arguments of a court-martial that text messages by Special Operations Chief Edward Gallagher show he is guilty of fatally stabbing a wounded Islamic State prisoner on May 3, 2017.One message said: "I've got a cool story for you when I get back. I've got my knife skills on." Another text stated: "Good story behind this. Got him with my hunting knife."As he showed a photo of the dead prisoner with Gallagher holding up his head by the hair, the prosecutor said, "Those are his words."The prosecutor said one SEAL who changed his story and claimed to have killed the prisoner himself was lying to protect Gallagher."The government's evidence in this case is Chief Gallagher's words, Chief Gallagher's pictures, Chief Gallagher's SEALs," Pietrzyk said.The prosecutor said he wouldn't try to argue sympathy for the teenage prisoner, who had been wounded in an air strike."Before the air strike, he would have done anything in his power to kill an American," Pietrzyk said.But he said the prisoner was not a lawful target."We're not ISIS. When we capture someone and they're out of the fight, that's it. That's where the line is drawn," Pietrzyk said.Gallagher, 40, has pleaded not guilty to murder and allegations that he shot civilians and a violation involving posing with the corpse for photographs.Defense lawyer Tim Parlatore began his closing argument the same way he started the trial. "This is case is not about murder, it's about mutiny." Parlatore said.The attorney said there's no body, no forensics, and the SEALs who testified against Gallagher lied because they didn't like his demanding leadership.Parlatore also addressed the testimony of Special Operator Corey Scott, who said he saw Gallagher stab the prisoner in the neck but stunned the court when he said he was the one who ultimately killed the prisoner by plugging his breathing tube with his thumb as an act of mercy.The defense attorney contended that investigators never asked Scott about the cause of the death, which is why they were surprised by his testimony."They didn't even listen to their own witness," Parlatore said.A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, a 19-year veteran on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill.During the trial, it was revealed that nearly all the platoon members readily posed for photos with the dead prisoner and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Nearly a dozen SEALs testified over two weeks. Most were granted immunity to protect them from being prosecuted for acts they described on the stand.Seven SEALs said Gallagher unexpectedly stabbed the prisoner, moments after he and the other medics treated the 17-year-old boy. Two, including Scott, testified they saw Gallagher plunge his knife into the prisoner's neck.An Iraqi general who handed the wounded prisoner to the SEALs testified that Gallagher did not stab the boy. And Marine Staff Sgt. Giorgio Kirylo said after the militant died that he moved the body to take a "cool guy trophy" photo with it and saw no stab wounds on his neck.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the reenlistment ceremony and not reporting the alleged stabbing. 3561

SAN CLEMEMTE, Calif. (KGTV) -- Video shows nearly a dozen people escaping onto a San Diego County beach in a smuggling attempt. The video was captured on October 25 by U.S. Customs and Border Protection. At midnight, agents reportedly spotted a suspicious panga-style vessel landing on a beach near San Mateo Point in San Clemente. RELATED: Panga boat washes ashore on San Diego beach, but no passengers foundVideo then shows 11 people getting off the boat, running toward a multi-million dollar beachfront home. Border Patrol agents were able to detain nine out of the 11 people. The agency says six of the individuals were Chinese nationals while three were Mexican nationals. All were in the U.S. illegally, CBP says. RELATED: Panga Boat found at Tamarack State Beach, Border Patrol investigatingThe captain of the boat faces federal human smuggling charges. 870

SAN DIEGO — Small business owners across San Diego are bracing for a new round of Coronavirus restrictions. And some say they'll have to fight them in order to survive.The movement into the state's purple tier would block restaurants, nail salons, estheticians and gyms from operating indoors - a change that some say would spell the end of their businesses."If we're forced to close again we may permanently have to close our doors," said Todd Brown, owner of Bub's at the Beach, in Pacific Beach. "It's tough for us, 22 years later I never anticipated that we'd be fighting for our lives, and that's where it's at."Bubs can only fit 9 tables on the street, so Brown is bracing to defy the order. He says otherwise food expires, equipment languishes and bills pile up."I know for a fact if we follow it then I'm done," he said. "We have zero chance of success that way, so which way would you go?"The local economy continues to be hit hard by the pandemic.Joblessness remains at 9.9 percent with more than 154 thousand unemployed San Diegans. But not every restaurant is in such dire straights.At City Tacos, owner Gerry Torres says the fast casual eatery has been able to make the most of the outdoor space in front. He's all right with the new tier."As a community, as San Diegans, we should support it, because that's only going to keep us safer," Torres said. Torres says local governments have really stepped up to help small businesses, a resource he says has proven vital 1487

SAN DIEGO (CNS) - A bill that would keep court hearings related to the release of Sexually Violent Predators open to the public was unveiled Tuesday by a state senator who worked with the San Diego County District Attorney's Office to craft the legislation.SB 1023, dubbed the Sexually Violent Predator Act, would prohibit proceedings related to Sexually Violent Predators -- or SVPs -- from being held behind closed doors, particularly when the hearings involve potentially releasing the offenders to a conditional housing program in the community.Recently, hearings regarding the proposed release and placement of SVP Alvin Ray Quarles, 57, otherwise known as the "Bolder-Than-Most" rapist, were held behind closed doors in San Diego County Superior Court.Judge David Gill kept the hearings under wraps due to privacy concerns over the potential disclosure of Quarles' psychiatric reports.The closed-door nature of the hearings drew protests from victims' advocates, include two of Quarles' victims, Mary Taylor and Cynthia Medina.Sen. Patricia Bates, R-Laguna Niguel, who authored SB 1023, issued a joint statement with San Diego County District Attorney Summer Stephan, saying SVP hearings should be held in open court "unless compelling and extraordinary circumstances justify closing the courtroom to the public.""District Attorney Summer Stephan and I believe that court hearings for sexually violent predators should be open to the public unless a judge can provide a compelling reason," Bates said. "Victims, their families, and the public have a legitimate interest in witnessing hearings through which a predator might be released."Gill ruled last year that Quarles should be released to a conditional housing program, though that decision is currently being appealed by the District Attorney's Office.Quarles, who was previously sentenced to 50 years in prison for committing more than a dozen sexual assaults in the mid-to-late 1980s, was slated to be housed at a residence in Jacumba Hot Springs, but that agreement fell through."This important legislation supports the principles of democracy and transparency in our justice system by making sure court hearings for sexually violent predators are open to the public," Stephan said. "As District Attorney, I hear the pain from victims who've been terrorized by a sexual predator but are left in the dark and not able to learn pertinent information guaranteed to them by our open courts system."The bill is awaiting referral to a Senate policy committee, Bates' staff said. 2544

SAN DIEGO (CNS) - A former San Diego High School teacher who sexually and physically assaulted an underage female student pleaded guilty to 11 felonies Tuesday, including lewd acts on a child and assault.Juan Carlos Herrera, 49, formerly a special needs curriculum instructor, is slated to be sentenced to 10 years in state prison next month for assaulting the unidentified victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old, according to Deputy District Attorney Jessica Coto.His plea agreement includes lifetime registration as a sex offender and a strike offense for his plea to a dissuading a witness count for threatening the girl if she told anyone about what happened.RELATED: SDHS teacher accused of having sex with student represents himself in courtIn addition to the sexual assaults, Herrera threatened to cut the girl's arms and legs off if she told anyone what was going on, choked her and threw her on the ground, according to the prosecutor.The crimes occurred in his classroom, his car and at a hotel, prosecutors said.The prosecutor said the girl was a San Diego High School student, but is not a special needs student and was not one of Herrera's students."This case involves emotional manipulation by the defendant, who was verbally abusive and coercive towards the victim in this case, who was particularly vulnerable, as (Herrera) took advantage of information he knew about her background and used it to manipulate her," Coto said following his May arraignment.The investigation into Herrera began earlier this year, when the victim's mother reported finding suspicious and concerning text messages from Herrera on the girl's cellphone, SDPD Lt. Carole Beason said. 1761