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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

SALT LAKE COUNTY, Utah – It’s been said that dogs are a man’s best friend. Jared Johnstun is lucky enough to have not one, but two furry sidekicks.“Yes, you’re good boys aren’t you?” Johnstun said to his two goldendoodles sitting beside him on the floor. “They’re a little tired today too.”Jared Johnston knows a thing or two about being worn out.“I’m a physician who works mainly in the intensive care unit,” Johnstun said. “I’m a pulmonary critical care doctor.”Since COVID hit, the doctor has been going non-stop.“You know, for 10 days or 12 days in a row, I’m in the hospital every day, some days I’m there for 12 hours,” Johnstun said.As a doctor, he’s seen it all but for him, the pandemic is different.“It was definitely a shock to me,” he said.About two months in, Dr. Johnstun, used to living alone, suddenly felt like something was wrong.“You know, I just realized that I wasn’t doing well,” he said.So, he made a move he never expected.“I’m a 40-year-old ICU doctor and I live with my parents,” he said with a chuckle.Johnstun now lives with his mom and dad near the hospital he works at.“I tried to do all this by myself initially and I just couldn’t do it,” Johnstun said.He’s not alone.“In medicine, there has been this long tradition of everything is fine and we got this,” said Dr. Amy Locke, the Chief Wellness Officer at the University of Utah Hospital.Doctors and nurses are facing challenges unlike many have ever seen in their career. That is why hospitals like the University of Utah are turning to wellness officers.“It’s kind of like counseling,” Locke said. “You know, checking in, making sure people are doing OK and that they’re able to access resources.”At the University of Utah’s resiliency center, their resources are being used more than ever.“Our interactions with people have more than doubled over the last six months,” Locke said.Doctors like Johnstun are applauding the efforts made by hospital groups throughout the country.“In general, the mental health of the physicians and nurses and all health care workers is something that really hasn’t been talked about.”He said talking to other health care workers on the COVID-19 front lines has been eye opening.“We’re talking about what is it going to look like in 10 years when you have a whole generation of doctors and nurses who have PTSD?” Johnstun said.As for Johnstun, he has found healing in being around family, practicing yoga, meditating and exercising.Even after all he has been through in the past eight months, he believes he’s exactly where he should be.“(Doctors) have found a calling and a purpose in fighting COVID and taking care of the people who have COVID,” he said. “I couldn’t imagine myself doing anything else. I wouldn’t want to do anything else.” 2766

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

SALT LAKE CITY, Utah — A teenager was hospitalized after he was shot by a police officer in Salt Lake City Friday night.According to Salt Lake City police Sgt. Keith Horrocks, officers were dispatched to the area of 500 South and Navajo Street just after 10 p.m. on reports of a "juvenile" — police did not release his exact age — having a mental health episode and threatening people with a weapon.Police say the boy fled on foot when officers arrived, and one officer shot him.Officers administered aid until medical personnel arrived and transported the boy to a local hospital in serious condition.Wesley Barton, who said he is the boy's brother, tweeted that he is 13 years old and is in stable condition.An officer-involved critical incident protocol investigation has been launched, which includes an investigation conducted by local departments other than Salt Lake City Police Department (SLCPD). No additional injuries were reported.Per SLCPD's policy, body-worn camera footage from the officers involved will be released within 10 business days.This story was originally published by Jonah Napoli, Spencer Burt and Spencer Joseph at KSTU. 1157

SAN DIEGO (AP) — It was called the "The Sewing Circle," an unlikely name for a secret subsect of Navy SEALs. Its purpose was even more improbable: A chat forum to discuss alleged war crimes they said their chief, a decorated sniper and medic, committed on a recent tour of duty in Iraq.The WhatsApp group would eventually lead to formal allegations that Special Operations Chief Edward Gallagher fatally stabbed a wounded Islamic State captive in his care and shot civilians in Iraq in 2017.Gallagher, 40, has pleaded not guilty to the charges.A jury of mostly combat Marines will ultimately decide the fate of the 19-year-veteran and Bronze Star recipient charged with murder, attempted murder and conduct prejudicial to good order and discipline for posing with the corpse for photographs.No matter the outcome, the court-martial at Naval Base San Diego has provided a rare view into the insular Navy SEAL community and likely will have a long-term impact on one of the military's most secretive and revered forces. It has pitted veterans against each other both inside the courtroom and out in a fierce debate over brotherhood, morality and loyalty."SEALs, it seems to me, have been seeing themselves as God-like on the battlefield, and there is a real danger in taking that view of one's unit or one's self," said Gary Solis, a former military judge and Marine Corps prosecutor who teaches law at Georgetown. "I think this will alert the SEAL community that the rules apply to them."The case has laid bare challenges among U.S. special forces as the United States increasingly relies on such troops, which make up only 2% of the military yet carry out most of its battles around the globe.A number of special forces members are on trial this year. A U.S. Navy SEAL last month pleaded guilty to hazing and assault charges for his role in the 2017 strangulation of a U.S. Army Green Beret in Africa.The scandals have prompted a review by the Navy's top commanders into the behavior of the special warfare teams. During Gallagher's trial, it was revealed that nearly all his platoon members readily posed for photos with the dead militant and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the ceremony and not reporting the alleged stabbing.The trial also has shown the struggles of military courts in prosecuting alleged war crimes. The lead prosecutor was removed after allegedly tracking the defense team's emails to find a news leak, and the lead investigator acknowledged on the stand making mistakes.Closing arguments are expected Monday. A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill, or if the boy died from wounds sustained in an airstrike and Gallagher is being falsely accused by junior SEALs trying to permanently oust a platoon chief they hate.Nearly a dozen SEALs have testified over the past 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 on May 3, 2017, moments after he and the other medics treated the 17-year-old boy.Two SEALs testified they saw Gallagher plunge his knife into his neck, including Special Operator Corey Scott, who stunned the court when he said he was the one who ultimately killed the teen by plugging his breathing tube with his thumb as an act of mercy. The Navy has said it's considering perjury charges against Scott.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.Gallagher also took photos of himself with the corpse. In one picture, he's holding up his knife in one hand and holding the militant by his hair with his other hand. He later boasted in a text, "got him with my hunting knife." Defense lawyers say it was just a warrior's attempt at dark humor."The Sewing Circle," the WhatsApp group chat, formed with a select few members of Alpha platoon after they returned to San Diego from their deployment in 2017.In the thread, Gallagher was referred to as "El Diablo," Spanish for "the devil.""Not sure how to handle him," Scott texted. "But he is ready to fight and kill."Gallagher's lawyers say the group chat was used to orchestrate a smear campaign to bring down their demanding platoon chief. A SEAL troop commander told the court that the allegations, which he took no action on for months, were suspect because they came about as Gallagher was being considered for a Silver Star and a promotion. Platoon members testified that the team was fractured, and the running joke was that if something was missing from a care package, Eddie took it.But his accusers said it went beyond the theft of sunglasses and snacks. "The Sewing Circle" members tried to distinguish themselves as the "True Brotherhood" vs. the "Real Brotherhood," which supporters of Gallagher have coined for themselves."The Real Brotherhood is people who are OK with war crimes," said Dylan Dille, a former SEAL sniper from the platoon who testified that Gallagher took shots at civilians from the sniper tower, hitting an old man and young girl. He did not see him pull the trigger either time.Defense attorney Timothy Parlatore shot back that maybe the Real Brotherhood "are older guys who don't like you and other SEALs who tell lies."Special Operations Chief Craig Miller, who was also part of "The Sewing Circle," testified that he saw Gallagher stab the captive multiple times with a custom-made knife Gallagher would carry in the belt loops of his pants. Miller said he told the platoon's officer in charge about the stabbing during their tour but that nothing happened.SEAL sniper Dalton Tolbert told the court he did not recall who started the chat group but that the intent was to talk with others who were disturbed by what they saw on the deployment and decide what to do."I shot more warning shots to save civilians from Eddie than I ever did at ISIS. I see an issue with that," Tolbert texted others.After plans were discussed about going to the commodore, an investigation was opened and Gallagher was arrested.Weeks before the trial, Tolbert, who was accepted to the famed SEAL Team 6 that killed Osama bin Laden, sent a text urging his teammates to speak up no matter what was at stake.He told the court his dream of doing covert operations with Team 6 is likely over now that he's been publicly identified in the case. 6790