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SAN DIEGO (CNS) - A 33-year-old man was shot three times Sunday while driving with a companion, police said.The shooting happened at 1:22 a.m. at the intersection of Mary Lou Street and A Street when a man standing on the corner opened fire at the victim's vehicle multiple times, said Officer S. Foster of the San Diego Police Department.The victim was taken to a hospital by his companion, Foster said, where he was treated and was expected to survive.The suspect fled the scene and police detectives are investigating the incident, the officer said. 560

SAN CLEMENTE, Calif. (KGTV) -- A mother of three, nearly killed when a great white shark bit her in April, is paying it forward after countless people donated tens of thousands of dollars to help with her medical bill and living expenses while she recovers.Leeanne Ericson of Vista was the guest bartender Monday evening at Cassano’s in San Clemente.It was originally a fundraiser for Ericson. She decided to give the night’s donations to the Torrey Pines Surf Ministry which takes Wounded Warriors, and others with physical disabilities, surfing.Ericson lost much of her right thigh when the shark bit her April 29.“Leeanne was out swimming while I surfed, and a great white, mistaken identity, though she was a sea lion and took her instead,” her boyfriend Dusty Phillips said.Related:  801

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SACRAMENTO, Calif. (KGTV) -- Republican California State Senator Brian Jones is behind a new bill that, if passed, would change the way military retirement pay is taxed. The bill, titled SB 1071, would exempt military retirement pay from the state’s income tax. According to Jones, California is one of only seven states that fully taxes military retirement pay. Other states include Montana, New Mexico, Rhode Island, Utah, Vermont, and Virginia. RELATED: 50th District candidates debate housing, job growth, taxes"Our state should be encouraging military retirees to make California their home rather than driving them to other states," Jones said."The men and women who served our country earned every dollar of their retirement pay and states should not be trying to tax it. This measure is the right thing to do and will help keep veterans and their families in California."Jones coauthored the bill with Senators Scott Wilk (R-Santa Clarita), Bob Archuleta (D-Pico Rivera) and Pat Bates (R-Laguna Niguel).The bill comes as Jones makes a bid for the 50th Congressional District. 1092

SAN DIEGO — Demoralized business owners are venting their frustration and resentment over the new shutdown order meant to help stop the spread of the coronavirusMonday was day one of restaurants doing takeout only, bars, wineries and personal care shuttered, and hotels limiting travelers.This time, however, workers and employers alike feel like they're being hung out to dry."You're shutting us down, it's like, alright, here you go, good luck. That's what it feels like," said Cesar Vallin, who laid off 70 percent of the remaining staff at the Cloak & Petal restaurant in Little Italy. "The future is we're going to be here and we're going to get through this. I have to really question or ask myself if I want to stay in this business."For the second time since March, Cloak & Petal has been relegated to takeout only due to the new shutdown order. Bars, wineries and personal care salons are totally shut down, while hotels may have to turn away away non-essential out-of-state travelers. All of this - without the help of forgivable federal small business loans and a 0 dollar a week boost in unemployment, key stimulus during the first shutdown in march.The state says as of October, more than 118,000 San Diegans worked in food and drinking establishments.At the Intercontinental San Diego hotel on the waterfront, General Manager Chuck Abbott said he had to let go 10 to 20 percent of his staff - now that outdoor dining is outlawed. He expects occupancy to drop into the single digits this week as some leisure travelers cancel due to the order."Every day, every week, every time something else comes out, we have to readjust," Abbott said. "It's just hard."And they'll have to adjust to this reality for at least the next three weeks.Under the order, retail is able to remain open at 20 percent. 1827