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SAN DIEGO (CNS) - A former San Diego County sheriff's deputy who fatally shot a fleeing detainee outside the downtown San Diego jail pleaded not guilty Tuesday to a second-degree murder charge.Aaron Russell, 23, is charged in the May 1 death of 36-year-old Nicholas Bils, who was unarmed and running away from officers when he was shot just outside the San Diego Central Jail, according to the San Diego County District Attorney's Office.The former deputy, who had been with the department for 18 months at the time of the shooting, surrendered to authorities on Monday, according to his attorney, Richard Pinckard.Russell, who resigned from the sheriff's department shortly after the shooting, faces 15 years to life in state prison if convicted of second-degree murder, and up to an additional 10 years if convicted of a firearm allegation.RELATED: Suspect who escaped park rangers' vehicle shot, killed by deputyBils had been arrested by rangers with the California Department of Parks and Recreation for allegedly threatening a ranger with a golf club at Old Town San Diego State Park. He was being transported to the downtown detention facility when he managed to escape from a California State Park Officer's car, according to San Diego police.Deputy District Attorney Stephen Marquardt said Russell fired five times as Bils was running away, striking him in the back, arm and thigh. Iredale said the fatal shot went through Bils' back, lung and heart.Among the officers present during the shooting, Russell was the only one who discharged his weapon, the prosecutor said. In fact, Marquardt said, "No other officer on scene so much as unholstered a firearm to stop Bils from running."The Bils family's attorney, Eugene Iredale, said Bils was at the park that day hitting golf balls for his dog to chase. He said "it appears that when the park rangers approached him," Bills "brandished his golf club and ran away."Iredale alleged that Russell opened fire "with what appears to be calmness and relaxation" as he "began to take target practice on a man who was fleeing."Exactly what prompted the deputy to open fire remains unclear. The DA's Office said there is surveillance footage of the shooting, but it will not be released to the public at this time as it is now evidence in a pending criminal case.RELATED: Deputy who fatally shot escaped detainee resigns from departmentMarquardt said Russell was unjustified in shooting Bils under a recently enacted state law that changed the standard governing when law enforcement officers are justified in using deadly force. Since the beginning of this year, peace officers may only use deadly force "when necessary in defense of human life."Iredale said: "Five years ago or 10 years ago, such a prosecution, no matter how clear the facts were, and no matter how appropriate the prosecution, would have been hard to conceive."District Attorney Summer Stephan, in statement Monday, said her office "reached the decision to file criminal charges following a thorough review of all the objective facts and evidence in this case by specialized prosecutors and investigators in our Special Operations Division.""When a life is taken, we must make decisions based in facts and law, and not ones that are influenced by the status of the accused as a peace officer nor the status of the victim," Stephan said. "These decisions must be made solely in the interest of justice and not based on favoritism nor public opinion. Every person must be accountable under the law."The victim's mother, Kathleen Bils made a statement following Russell's arraignment, in which she said her son "should be alive and be here with us. But he's dead, and my heart cries out that this is not right."She said the months since his death "have been agonizing for my sons, their families, and for me."Bils' older brother, Benjamin Bils, said his sibling "was not a saint, (but) he was not a bad person."He said his brother had run-ins with the police in the past, but "it did not mean he deserved to be shot in the back."Russell was initially held on million bail, but a judge cut the amount in half, agreeing with Russell's attorney that his client was not a flight risk or a danger to the community. Russell was released on bail Tuesday night. "He has based his entire life on the principles of honor and integrity," said Pinckard, who said law enforcement shootings "occur in tense, uncertain, rapidly evolving incidents, where decisions are literally being made in fractions of seconds."Russell is due back in court July 24 for a status conference.An attorney for the family issued the below statement: 4640

SAN CLEMENTE, Calif. (KGTV) - Local activists are planning a protest Monday after multiple reports saying fans of San Clemente High School’s football team allegedly shouted racist slurs at students of San Diego’s Lincoln High School at a football game Friday night in Orange County.The NAACP San Diego said that multiple spectators from the home team heckled the Lincoln High players and cheer squad, repeatedly using racial slurs including the "n-word.""Furthermore, cheer squad members were racially harassed in restrooms, again including the 'n-word.' This harassment came not only from high-school-age youth, but also from adult fans,” Clovis Honoré, president of the NAACP San Diego Branch wrote in a letter to San Clemente High School and district officials. “We are shocked and disgusted that such blatant racism would occur in 2019 at an athletic contest for high school students,” said Honoré. Honoré called on San Clemente High School and the Capistrano Unified School District to institute a program of implicit bias training for athletics staff, provide an administration contact to each opposing team for any future incidents, and making an announcement on the public address system before all future games that “respect is to be shown to all visiting athletes.” Lincoln High officials said that "at least several students" were targeted by opposing fans shouting the racist slur.VIDEO REPORT: Man arrested for reportedly making racists threats against SDSU student“Our administration team is continuing to investigate the incident, and we are taking this very seriously,” Lincoln High Principal Stephanie Brown wrote on the school’s Facebook page. “Early information also seems to show our students responded to the racist taunts with the maturity and restraint we would expect. They reported it to school leaders, and together we are taking action.” Brown said Lincoln High Vice Principal Eric Brown would interview all students involved on Monday. “I am sorry to have to share such difficult news with you so early in the school year. We expect our students and staff to stand up against racism and hatred when they see it, and it’s up to us responsible adults in the community to do the same,” Brown said. VIDEO REPORT: Parents rally against bullying at Lincoln High SchoolSan Clemente High School officials provided 10News with a letter Principal Chris Carter sent to Lincoln High. “We are deeply concerned by the allegation that racist and offensive comments were directed towards your students and fans at the football game this past Friday. As the Principal of San Clemente High School, I work with my faculty, staff, students, families, and community to maintain the highest standards of respect for all individuals. We do not condone racist speech or actions at our school, and we unreservedly condemn hateful rhetoric that targets any person or group,” Carter wrote. Carter said the Orange County Sheriff’s department, administration, staff, and others who supervised the game would be part of the SCHS investigation. Any statements or questions will be addressed by Assistant Principal, Cameron Lovett, at cnlovett@capousd.org. The NAACP San Diego branch is considering further action, including requesting the suspension of San Clemente High School from the California Interscholastic Federation, Honoré said.Last year, the Lincoln High School Hornets won the 2018 CIF San Diego Division II football title in a win versus Mira Mesa, 23-3. The Southeast San Diego football team went on to play in the 2018 CIF State Football Division 3-AA Championship in the San Francisco Bay Area where they lost to Menlo-Atherton, 21-7.VIDEO REPORT: San Diego County football teams need funding to reach state tournamentThe Hornets are off this week and next play Mater Dei Catholic High School on the road in Chula Vista Sept. 27.Stay with 10News for updates to this developing story. 3905

SAN DIEGO (AP) — A pathologist testified Monday at a Navy SEAL's murder trial that a wounded Islamic State militant in Iraq could have died from a stabbing described by other witnesses.Dr. Frank Sheridan said he couldn't determine a cause of death because there was no body and a lack of other evidence.The testimony at the trial of Special Operations Chief Edward Gallagher, though, countered a statement offered last week by another SEAL who stunned the court when he confessed to the killing.Corey Scott testified Thursday that he killed the victim by plugging his breathing tube after Gallagher unexpectedly stabbed the fighter while treating him for injuries suffered in an air strike outside Mosul in 2017.Scott testified that the militant, described as an adolescent boy, would have survived the stabbing.But Scott said he decided to asphyxiate him because he assumed he would later be tortured and killed by Iraqi forces who captured him and brought him to the Navy medics for treatment.Gallagher, 40, is charged with murder in the killing of the boy and attempted murder for allegedly gunning down civilians from his sniper's post.He has pleaded not guilty and his lawyers blame his former troop mates for fabricating the accusations to get Gallagher ousted from the special forces because they didn't like his tough leadership.Scott and another SEAL said Gallagher had initiated medical treatment for the boy and then stabbed him one to three times in the neck for no apparent reason.Gallagher later texted a photo of the corpse to friends with the following message: "Good story behind this, got him with my hunting knife."His lawyers said the message was an attempt at dark humor.Sheridan based his testimony on witness accounts and video of the wounded war prisoner before the alleged knifing.After the boy was wounded in an air strike — more than an hour before he was brought to the U.S. forces for treatment — he was interviewed by an Iraqi TV news crew. He appeared lucid and did not have significant hemorrhaging, Sheridan said."He's clearly responsive," Sheridan said. "There's no sign he's bleeding from any wound."Witnesses at the scene said Gallagher treated the boy for a leg wound and an apparent collapsed lung. The patient was sedated and given a breathing tube for a wound they believe occurred from the air strike blast.He was breathing normally after the procedure when Gallagher suddenly pulled out his personal knife and stabbed him in or near the neck, witnesses said.Depending on the location of the stab wounds, he could have died from profuse internal or external bleeding, Sheridan said. But he couldn't make that determination."I can't give an opinion on the cause of death," Sheridan said. "There just isn't enough evidence."___Melley reported from Los Angeles. 2807

SAN CLEMENTE (CNS) - A woman was arrested today for allegedly collecting funds and items she claimed would benefit firefighters battling the Holy Fire and then keeping them for herself.Ashley Bemis, 28, of San Juan Capistrano allegedly "presented herself on social media as the wife of a firefighter working on the fire line of the August 2018 Holy Fire in Riverside and Orange counties," according to Orange County Sheriff's Department Public Information Manager Carrie Braun."On multiple social media pages, Bemis posted pictures of herself and her fictitious firefighter husband asking for donations," Braun said. "She solicited for items she claimed would benefit the firefighters working alongside her husband battling the blaze that ultimately burned more than 23,000 acres in the Cleveland National Forest and destroyed 18 structures."The posts led people and businesses in San Clemente to make donations and Bemis is suspected of taking more than ,000 in cash and items such as socks, sports drinks, water and camping equipment, Braun said."A captain with a local fire agency became suspicious of Bemis' requests, and contacted the Orange County Sheriff's Department to investigate," Braun said. "Investigators interviewed victims and obtained search warrants for Bemis' vehicle, residence and garages. They recovered donated items consistent with the items Bemis collected intended as donations for the Holy Fire."Investigators believe Bemis concocted a phony story, complete with a fictitious husband, "with the intention of soliciting donations to defraud victims," Braun said. "They also became aware, through additional social media posts from members of the community, of past (allegedly) fraudulent activity by Bemis, including multiple prior faked pregnancies in an attempt to illegally obtain money from unsuspecting victims."The investigation led to warrant being issued for Bemis' arrest. She was arrested and was booked on suspicion of felony grand theft, second-degree burglary, witness intimidation and making false financial statements, Braun said.Bemis was being held in lieu of ,000 bail, Braun said. 2138

SAN DIEGO (AP) — A Navy SEAL charged with killing a captive teenage militant in his care had told fellow troops that if they encountered a wounded enemy, he wanted medics to know how "to nurse him to death," a former comrade testified Wednesday.When a radio call announced an Islamic State prisoner was wounded on May 3, 2017, Special Operations Chief Edward Gallagher replied: "Don't touch him, he's all mine," Dylan Dille told jurors in a military courtroom.When Iraqi forces delivered the captive to a SEAL compound in Mosul, he was on the hood of a Humvee and fading in an out of consciousness with only a minor leg wound visible.Dille said he was not the grizzled warrior he expected."He looked about 12 years old," Dille said. "He had a wrist watch around his bicep. He was rail thin."Gallagher is charged with murder after prosecutors say he treated the boy's wounds and then stabbed him in the neck.He has pleaded not guilty to murder, attempted murder and other charges that could carry up to life in prison.Watch Gallagher's attorney's news conference:Gallagher's lawyers say he only provided medical care to the prisoner and that disgruntled SEALs made up the allegations because they didn't like his demanding leadership.Dille did not see what happened to the boy, who he acknowledged may have been as old as 15.But after returning to the house where they were staying, Dille said Gallagher confronted him and other senior enlisted men and said he knew they were upset with what happened."This was just an ISIS dirt bag," Dille said Gallagher told the group.Gallagher said the next time he did something similar, it would be out of their sight, Dille said.The testimony came on the second day of Gallagher's court-martial in a case that has drawn the attention of President Donald Trump and revealed a rare break in secrecy from those in the elite special forces.Defense lawyer Tim Parlatore questioned Dille about why he never confronted Gallagher or reported him to superiors until a year after they returned from deployment.Dille said the allegations were serious and he wanted to "be prepared for the angry mob to come knocking," referring to conservative news media and older SEALs who maintain their silence.Parlatore accused Dille of using a group text to coordinate other troops to report Gallagher to superiors. He asked Dille if he was concerned other SEALs would change their stories."My truth is watertight, Mr. Parlatore," Dille said.Dille also said that he believed Gallagher had fired at Iraqi civilians from a sniper's position several times, including an instance on Father's Day 2017 when an old man was shot by the Tigris River.Dille was also a sniper and was near Gallagher during the shootings but didn't see him pull the trigger.After hearing a gunshot coming from Gallagher's position and seeing the old man fall, Dille said he looked through his scope and saw the man bleeding through his white clothing. He said Gallagher then radioed that he thought he had missed the old man.Defense lawyer Marc Mukasey objected to the testimony, saying descriptions of the alleged shootings were "wildly vague."The judge allowed most of the testimony from Dille, who was a first class special warfare operator before he left the Navy last year.Gallagher, who served eight tours of duty and earned two Bronze Stars for valor, was in the courtroom in his dress whites. His wife and parents also attended.His family has lobbied intensely for his freedom, claiming he was being treated unfairly.Congressional Republicans took up his cause and prevailed on Trump to release Gallagher from the brig into better conditions in a military hospital. Trump also is reportedly considering a pardon for Gallagher, along with other service members accused of war crimes.A judge released Gallagher from custody last month after prosecutors violated his constitutional rights by tracking defense attorney emails in an effort to find who leaked court documents to a Navy Times reporter.___Melley reported from Los Angeles. 4036