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SAN DIEGO (CNS) - A 19-year-old accused in the fatal beating of a 56- year-old man near a pedestrian bridge behind Petco Park was ordered Friday to stand trial on a murder charge, though a torture count was dismissed by a judge.Dominick Wells is accused in the Nov. 18, 2018, beating of Edward Starland, who was left comatose following the attack allegedly perpetrated by Wells and four juveniles. The juveniles -- two girls and two boys -- face unspecified charges in an ongoing juvenile court case.Witnesses said Starland had been fighting with a group of young people the afternoon of Nov. 18 before he was thrown down and beaten. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.RELATED: Man dies after attack near Petco Park; four teens arrestedStarland never regained consciousness and was placed on life support. He died Dec. 3 at Scripps Mercy hospital.A cell phone video recorded by a bystander was shown during Wells' preliminary hearing and captures Starland, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starland lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down by Wells and the juveniles, who begin punching and kicking him as he's on the sidewalk.RELATED: No charges filed against teen charged in Petco Park beatingWells' attorney, Stewart Dadmun, argued that Starland was the aggressor. The attorney said Starland made lewd comments to a 14-year-old girl in Wells' group, then threatened Wells and the others with violence, including lifting the bicycle into the air with the intention of dropping it onto Wells' head.Dadmun argued that Wells only wanted Starland to leave them alone and that the victim had been harassing them for some time prior to the events shown in the video.Deputy District Attorney Mary Loeb argued that self-defense did not apply because Wells advanced upon Starland to knock him to the ground. She noted that after Starland tosses the bike to the ground, he appears to back up a few steps before being attacked.RELATED: Arrests made in attack near Petco Park that left man with serious injuriesA medical examiner testified that Starland's death was the result of a heart attack, which could have been caused by stress or trauma from the fight. He also suffered from cardiac disease, the examiner testified, which Dadmun argued made it unclear whether the heart attack could be definitely stated as a result of the altercation with Wells.Superior Court Judge Yvonne Campos said "both adults played a role in this."Though she found insufficient evidence to hold Wells on the torture count, Campos said she could not overlook the nature of what ensued after Starland was taken to the ground."Once the victim was down on the ground, the continuing rampage against him is not something I can set aside," the judge said.Wells remains held on million bail and is due to return to court May 23 for a Superior Court arraignment. 3120

SALT LAKE CITY — A Colorado photographer says he watched the infamous monolith in southeast Utah fall to the ground and says he knows exactly how and why it disappeared last weekend.The mystery monolith captured world-wide attention and intrigue after its discovery in a remote area southwest of Moab, on a 4x4 road near the Canyonlands Needles District. The silvery metallic structure has even inspired copycats to be erected on the other side of the world.How it ended up in a secret spot a half a mile off the road is still a mystery, but photographer Ross Bernards is shedding light on how it vanished-- and what the group who took it said to him as they hauled it away in pieces.Ross Bernards goes on adventures for his career."I'm an adventure and outdoor lifestyle photographer, that's what I do for a living," he said. "So, my job depends on me finding unique and cool places."The photographer, who is based in Colorado, explained that he's also a certified canyoneering guide. Bernards said he's worked with outdoor brands like Kelty, Sierra Designs, and Utah-based Ogden Made.He often finds himself in some of the most remote places in Utah, and said eastern Utah is his "happy place."When a middle-of-nowhere spot in his happy place found itself in the middle of an international monolith mystery last week, Bernards decided to check it out in person.He said he wanted to go out to the monolith before it disappeared, or before the masses found out."I wanted to go out there and try light painting with my drone," Bernards said.Just a couple of days after reading an article on the metal formation, Bernards realized the coordinates were posted online. Realizing time was of the essence, he and three friends make the several-hour trek on Friday.They arrived after dark, and Bernards explained they ended up with the monolith all to themselves.The four of them took pictures of the monolith in the moonlight. About an hour later, Bernards described what he saw after he said four other visitors walked up."Two of them stand back, two of them walk forward and walk up to the monolith and start pushing on it a little bit," he recounted. "And then one of them turns to my friends who are a little bit further up the canyon next to it-- where I was a little further back-- and said, 'Hope you got your photos.'"After that, Bernards said the two gave the monolith a couple of big pushes, and it began to lean over."That's when the rest of them came up, and all four of them pushed it over to the one side, and then pushed it back to another side," he remembered. "And it just fell straight onto the ground."Just like that, Bernards watched the monolith that captivated and mystified people across the globe, topple over."Right after it had fallen over and made a loud 'thud,' one of them said, 'This is why you don't leave trash in the desert,'" Bernards said.He explained the group began to break the monolith down into pieces to throw in a wheelbarrow."As they were loading it up and walking away, they just said, 'Leave no trace,' and left," he said.Bernards explained that he and his friends camped out overnight, and even cleaned up some of the rivets left behind from the fall of the monolith.Fast forward to the next morning-- the message from the monolith demolishers on his mind-- Bernards would find he was hardly the only person who set out to see the strange metal sculpture in person.He took pictures that show several vehicles lined up and parked on the roadway, with more driving down toward the area."You could see the road from the dust just coming up, and you could just see car-after-car coming and going," Bernards said. "I mean, we probably saw 70 or 80 different cars there."He said there were several people in each car, some with dogs wandering off-leash.Bernards talked about how he saw people walking everywhere on the land, some even hiking up the wrong canyon in search of the monolith.Not to mention, the people had swarmed an area miles up a high clearance, 4x4 road. Bernards described seeing minivans and sedans trying to navigate the road.He expressed a worry that this would lead to search and rescue calls, and place an undue burden on local authorities as well as the Bureau of Land Management."It made me understand exactly why these people did it," he said. "One of the reasons that we didn't stop them, is we all agreed with them."Bernards said he's been called out by people saying that he was part of the problem, and he said he completely understands.Bernards said that he practices the "leave no trace" principle and expressed that his job is to visit off-the-beaten-path places, responsibly.He also explained he has a lot of experience with cross-desert navigation and 4-wheel driving.Still, he said he felt guilty afterward about making the trip.After seeing the number of people who showed up, Bernards said the monolith didn't need to be out there."Leave the art to places where art should be and let mother nature have her space for art," he said.And for anyone who is buying into the conspiracy theories about how and why around the mystery metal monument and its sudden disappearance, Bernards can at least set the record straight."Aliens were not involved in any way, shape, or form in this thing. They had nothing to do with it. Nor was it some secret government project. None of that had anything to do with it" Bernards said, with a smile and chuckle. "It was clearly an art piece by someone."An art piece with a wild, whirlwind week, and now part of the desert's past.This story was originally published by Lauren Steinbrecher on KSTU in Salt Lake City. 5623

Samuel Oliver-Bruno found sanctuary in a North Carolina church for nearly a year. Authorities detained him last week after he left the building for an appointment. Dozens of his supporters were arrested, too, as they sang "Amazing Grace" and tried to block immigration officials from taking him to a detention center.Days later, Immigration and Customs Enforcement deported the 47-year-old undocumented immigrant to Mexico, Rev. Cleve May of CityWell United Methodist Church told CNN Friday.Oliver-Bruno was deported Thursday evening to Matamoros, Mexico, May said."Samuel's family, church community, and supporting neighbors are grieved at Samuel being ripped from his family, church and community," officials with the Durham, North Carolina, church said in a statement.Oliver-Bruno had lived in North Carolina with his family for more than two decades. Advocates had appealed to authorities to stop his deportation.An ICE spokesman did not immediately respond to a request for comment Friday.Last week ICE spokesman Bryan Cox said authorities arrested Oliver-Bruno as part of a "targeted enforcement action.""Mr. Oliver-Bruno is a convicted criminal who has received all appropriate legal process under federal law, has no outstanding appeals, and has no legal basis to remain in the US," Cox said.Fearing deportation, Oliver-Bruno had been living at the church since December 2017.ICE generally avoids arrests at "sensitive locations" such as houses of worship.The CityWell United Methodist Church agreed to take him in but the building wasn't ready for him. He helped with the renovations, including building a bedroom and a shower."He helped construct his living quarters. He's remarkable. He's very generous and kind," May said last week.During his time at the church, he attended classes to learn English as a second language, played guitar and read during services.With the help of community members, Oliver-Bruno, who is an aspiring baptist minister, continued his studies at Duke University's Divinity School after his class agreed to meet at the church, advocacy group Alerta Migratoria said.But the uncertainty and the wait would also get to him."As I continued cooped up, sometimes I feel the need to be free. I need to work, do the activities I used to do, to afford medicines for my wife and doctor's appointments," he said in a video posted by advocates days before his arrest. 2416

SAN DIEGO (AP) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161

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

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