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SAN DIEGO (KGTV) - President Trump restored the rank of Chief Eddie Gallagher Friday following a conviction for posing with a dead Islamic State captive in Iraq in 2017. The San Diego Navy SEAL was demoted to Petty Officer First Class in July, following eight hours of deliberations by a military jury. He was acquitted of murder and other charges in the case. Gallagher was at risk of losing up to 0,000 when he retired due to his lower rank. RELATED: Navy SEAL Edward Gallagher demoted a rank, docked pay for four months Trump also granted clemency Friday to Army 1st Lt. Clint Lorance and Maj. Matt Golsteyn in separate murder cases, ABC News reported.The White House issued a statement which read in part:"Before the prosecution of Special Warfare Operator First Class Edward Gallagher, he had been selected for promotion to Senior Chief, awarded a Bronze Star with a “V” for valor, and assigned to an important position in the Navy as an instructor. Though ultimately acquitted on all of the most serious charges, he was stripped of these honors as he awaited his trial and its outcome. Given his service to our Nation, a promotion back to the rank and pay grade of Chief Petty Officer is justified.""The President, as Commander-in-Chief, is ultimately responsible for ensuring that the law is enforced and when appropriate, that mercy is granted. For more than two hundred years, presidents have used their authority to offer second chances to deserving individuals, including those in uniform who have served our country. These actions are in keeping with this long history. As the President has stated, “when our soldiers have to fight for our country, I want to give them the confidence to fight.”RELATED: Navy upholds sentencing of Navy SEAL for posing with corpse East San Diego County Congressman Duncan Hunter made a statement following the President’s executive action. “For years, rampant prosecutorial misconduct, political correctness, and procedures that weigh the scales of justice against the accused have personified our military justice system. Self-serving military bureaucrats have felt empowered in instituting policies that have been damning to our warriors on the front lines. Today, thanks to the leadership of President Trump, these Pentagon armchair lawyers are being put on notice. The President recognizes that our combat warriors are to be supported in meeting the incredible responsibilities we place on them and I very much appreciate his advocacy for America’s warfighters. While nothing can make up for the years Matt Golsteyn, Eddie Gallagher and Clint Lorance have lost because of our broken military justice system, the President’s action today takes a big step forward in righting past wrongs. These brave military families can now move forward rebuilding their lives and, in the meantime, I’ll continue working with my colleagues on the Justice for Warriors Caucus to ensure similar miscarriages of justice are both addressed and, hopefully, never happen again.” Attorneys for Gallagher had asked for clemency, but the request was denied in October.Associated Press contributed to this report. 3147
SAN DIEGO (KGTV) -- Proposition 25 is a measure that would end the money bail system, replacing it with an assessment for public safety and flight risk. If approved, it would allow SB 10 –signed into law in 2018—to take effect.Team 10 spoke to a San Diego mother against Proposition 25. She did not want to be identified because her daughter has an open case. She said she was recently able to get her out of jail by paying bail.“It would be devastating not to have that available,” she told Team 10 over the phone. “Unfortunately, she is caught up in a very unhealthy relationship and she actually was the victim in this.”She said her daughter has mental health issues and is worried that her daughter would have unfairly stayed in jail longer.“Not having [bail] available, I wouldn't have been able to get her out especially with this whole pandemic going on. There [are] delays in the courts. Courts are not open.”While many civil rights groups have worked to reform the current system, some do not believe this proposal is better. The No on 25 ad features the President of the California NAACP.In the ad, Alice Huffman says “Prop. 25 ends our right to put up bail for anyone, even though they may have been racially profiled. Prop. 25 replaces bail with computer algorithms.”Backers of the measure believe Proposition 25 is a fairer system. Opponents believe it is a “new discriminatory system of computer-generated profiling,” according to the argument against Prop. 25 in the official voter guide.Legal analyst Michael Crowley said while parts of the ad are factual, there are misleading statements.“It is factually correct that this proposition will replace the cash bail [and] bail bondsman with algorithms. They say algorithms like it's a dirty word, but we live with algorithms every day,” Crowley said. “In fact, they're using some algorithms in the court system as we speak.”In reference the term “black boxes” used in the ad, Crowley said that it is a “term in the industry that is just used to talk about algorithms that they keep them proprietary.”The American Bail Coalition is a major backer of the No campaign. The Legislative Analyst's Office said if approved, it could increase state and local costs by the mid hundreds of millions of dollars a year. It could also decrease county jail costs in the high tens of millions of dollars.“In the criminal defense community, there are people on both sides on it,” Crowley said. “The civil rights groups have kind of split on it.” 2500
SAN DIEGO (KGTV) -- Police are searching for a hit-and-run suspect after a woman was struck and killed in Point Loma Sunday morning.According to police, the incident happened on the 1700 block of Rosecrans Street at 12:17 a.m.A witness told police that a woman was standing in one of the southbound lanes. When police arrived, the 52-yer-old woman had been hit by a vehicle.The woman died at the scene and police say the vehicle that struck her didn' remain in the area. 484
SAN DIEGO (KGTV) -- On January 1, it will be legal for businesses to sell pot in California. With that, the questions and concerns about what that means for drivers out on the roads.“I think we will see an increase in DUI marijuana’s,” said Officer John Perdue, a San Diego Police officer in the traffic division.Perdue is an expert at DUI and drug recognition. Since November 8, 2016, when California voters approved Prop. 64, or the adult use of marijuana act, he’s been hearing the same thing when he comes across drivers he suspects are driving high.“Their first reaction is one of two, either A. ‘I have a medical marijuana card’, or B. ‘marijuana is legal.’ And I have to remind them, so is alcohol, but you still can’t drive under the influence of it,” Perdue said.How exactly will police be able to tell if someone is driving high?One tool that officers will use to help is the Drager Drugtest 5000, a presumptive drug screening test that can detect seven types of drugs in a person’s system.Like an alcohol breathalyzer, Perdue said, “the person has every right to refuse this.” But unlike alcohol, it doesn’t have a percent limit.If the Drager reads positive, Perdue said, “it doesn’t necessarily mean they’re impaired or under the influence, it just says that chemical or drug is in their body.” So to be arrested for DUI, it’s still up to the officer to decide if the driver shows impairment.But that can be tough. Look at the Drager as an extra tool that’s used along with field sobriety tests, what an officer smells, sees or finds in the car, to formulate that officer’s opinion of whether a driver is high.“The hardest thing will be, because there is no per se limit right now, the officers are really going to have to be aware of the signs and symptoms,” Perdue said. 1808
SAN DIEGO (KGTV) — Poway Unified School District has approved a plan for some students to return to in-person classes starting as soon as this month.The district's board on Thursday approved a phased reopening plan for elementary schools starting on Oct. 1, with the first group of schools opening with an AM/PM schedule.Abraxas High School will reopen with an A/B schedule on Oct. 8, and PUSD's remaining elementary schools will reopen with an AM/PM schedule on Oct. 12, according to the district.The board also approved resuming on-campus special education services and in-person instruction for small groups after Sept. 24.RELATED: San Diego County schools allowed to reopen for in-person learningAll students, from preschool through 12th grade, will be required to wear a mask when returning to campus. Virtual class options will continue to be made available for families.Board leaders reached an agreement on allowing small groups of middle and high school students to return to campus for targeted learning support, social-emotional groups, special education services, and co-curricular and extra-curricular activities. A plan for the next phase of reopening middle and high schools is scheduled to be presented at the board's Sept. 24 meeting. 1259