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SAN DIEGO (AP) — The Marine Corps says it has relieved a commanding officer who oversaw a battalion based at Camp Pendleton, citing a 'loss of trust and confidence' in his ability to lead.Officials on Wednesday declined to give details as to what led to the removal of Lt. Col. Francisco Zavala as the commanding officer of the 1st Reconnaissance Battalion.Maj. Jeffrey Erb was named in his place. Zavala had served in the position since 2018.Zavala, a native of Helotes, Texas, joined the Marine Corps in 2000 and had been on multiple deployments, including to South Korea and Iraq. 591

SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385

SAN DIEGO (AP) — Wil Myers homered twice, including San Diego's seventh grand slam of the season, Austin Nola hit a three-run shot and Mike Clevinger was impressive in his home debut for the Padres, who routed the Colorado Rockies 14-5.The Padres, cruising toward their first postseason appearance since 2006, won their third straight and for the seventh time in nine games.Myers hit his slam in the five-run first inning and then homered leading off the seventh to match his single-game high of five RBIs.His 11th homer gave him his eighth career multi-homer game.Clevinger picked up his first win as a Padre, striking out eight in five innings of work. 662

SAN DIEGO - A landlord in the College Area near San Diego State says the homeless problem is getting worse, and it's keeping people from renting in the neighborhood.Suhail Khalifeh owns six homes near El Cajon Boulevard and Montezuma Road. He says one of them has sat empty for six months because renters are worried about the sight of homeless people in the area."When people come and see the scenes of homeless all around and smell the urine in the atmosphere, they leave and never come back," says Khalifeh.Khalifeh says he finds trash, drugs and feces in the bushes near his properties.The neighborhood has dealt with the problem for months. Last July, neighbors complained that a nearby vacant lot was becoming a camping ground for homeless people. The owners of the lot increased security and cleaned the lot out.RELATED: Neighbors fed up with homeless trash on undeveloped lotKhalifeh says that didn't solve the problem; it just moved the homeless closer to the homes."One of my tenants has seven children. She has to give them rides to the library next door," he says. "It's 50 feet away, and she doesn't feel safe for her kids to walk to the library."Khalifeh showed surveillance video to 10News of a homeless man threatening one of his neighbors. He also has video of people meeting in the middle of the night for what he thinks are drug deals.A search of the website crimemapping.com shows 46 criminal reports filed in the area within the last month.Khalifeh says the police do an excellent job at responding, but they can only offer short-term solutions. He wants the city to do more to address the bigger issue."They live in the street," he says. "In the daytime, they're in the street, and at night they go to the parking lot of the library." 1764

SALT LAKE CITY, Utah -- The family of Bernardo Palacios, who was shot and killed by Salt Lake City police in late May, plan to file a civil action lawsuit following a ruling from the district attorney's office, which stated the officers were justified in their use of deadly force.“To see the despair and disappointment on their faces, is something I don’t want to relive,” said attorney Nathan Morris, as he stood in-front of a room full of members of the media Thursday.Next to Morris, a fellow attorney, Brian Webber – beside him, the grieving family of Bernardo Palacios; a 22-year-old man was shot and killed by Salt Lake City Police officers who were responding to calls for threats with a gun in the early morning hours of May 23.“Today, the Salt Lake District Attorney, Sim Gill, announced no criminal charges will be filed,” Morris said as he read a prepared statement from the Palacios family regarding the officers who shot and killed Bernardo. “As a family and as a community we are deeply disappointed and grieved.”Morris continued to read, reiterating findings divulged in the DA’s ruling which found Bernardo was shot at least 34 times.“Officers continued to empty clips after he fell to the ground,” Morris read. “Police officers repeatedly pulled the trigger for 9-seconds.”The barrage of gunfire can be heard and seen from multiple vantage points through the officers’ body camera footage.The family and their representation, said, based on the weeks following Bernardo’s death, they had hoped Gill would press charges against the officers who fired shots.When body camera footage was released, many members of the community came together in public protest, supporting the Palacios family.The Palacios family vowed to continue to fight for justice when Bernardo was laid to rest June 10 -- all the while, eagerly awaiting a ruling from the Salt Lake District Attorney’s Office as to whether or not the officer’s use of force was justified.Community support continued over the following weeks as his portrait was added to a wall of murals, featuring those who had died at the hands of police, off of 800 South and 300 West downtown.“The DA’s unwillingness to prosecute [these officers] makes a mockery of the protesting public,” the family statement continued.Morris and Webber said they intend to file a civil action lawsuit in the coming days, and will continue to fight on behalf of the family until they see change.In order to obtain justice for Bernardo, Morris said the family wanted to see changes to police policy and trainings, ask the legislature to take concrete steps in preventing police brutality and to hold the officers responsible accountable.“Bernardo’s death cannot be forgotten and we pray that justice will be accomplished,” Morris said.Following the family statement and question and answers with the attorneys, the family – comprised of Bernardo’s sister and brother, Karina and Freddie, his mother, Luci and a niece – spoke for themselves.“I feel very upset,” Bernardo’s mother Luci said in Spanish, as tears filled her eyes. “That decision was not one of justice, because my son isn’t with us today.”“I am not living anymore, I feel like I can’t breathe, you can’t imagine what it’s like for a mother whose son was killed like mine,” she continued. “I can’t sleep, my house has lost its happiness because that’s what he brought to it.”“I feel like I’m dying, down to my bones, I’m in pain, all because I don’t have my son with me,” she concluded as she wiped away tears.The family went on to thank the community for their support and ask that the protests not lose steam.An internal investigation at SLCPD is ongoing.Watch the entire press conference with the family below. 3723

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