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SAN DIEGO (AP) — Marine Corps prosecutors were meeting Tuesday to try and save its cases against 13 Marines accused of crimes tied to a human smuggling and drug investigation after a military judge ruled it was illegal to make the videotaped arrests made during a battalion formation while leaders called them “a cancer” and “bad Marines.”Maj. Kendra Motz said prosecutors at Marine Corps Camp Pendleton were exploring their options, but she did not know what they were considering.The judge, Marine Col. Stephen Keane, gave prosecutors until Nov. 25 to offer a way to remedy the situation.When ruling Friday, Keane agreed with defense attorneys that commanders violated the rights of the accused when they pulled the Marines out of a morning battalion formation of 800 troops at Camp Pendleton July 25 and accused them of the crimes in front of their unit, 1st Battalion, 5th Marines.The actions amounted to unlawful command influence, Keane said. That is when commanders use their positions of power to affect a case and compromise the ability for a fair trial.If the prosecution cannot remedy the situation, the court would be left with only one option: dismissing the charges, he said.Defense attorneys for some of the Marines have asked for charges to be dismissed. They say the public display would make it difficult to find an impartial jury pool and guarantee a fair trial.The Marine Corps filmed the arrests. The video was obtained by the San Diego Union-Tribune.The Marine Corps said in a statement when the newspaper obtained the video that it was made to document the arrest “in an unbiased, non-editorialized manner.”The video is for official use only and would not be released, Motz said. Prosecutors declined to be interviewed, saying they do not comment on pending cases.The military personnel are accused of various crimes from migrant smuggling to drug-related offenses, but officials have not said exactly how they were involved.U.S. Border Patrol officials say smuggling rings have been luring U.S. troops, police officers, Border Patrol agents and others to work for them as drivers — a crucial component of moving migrants further into the United States once smugglers get them over the border from Mexico.None of the Marines are accused of bringing immigrants across the border. 2309

SAN DIEGO (CNS) - A former Torrey Pines High School student who posted threats targeting the school on his Instagram account was sentenced Friday to a year in custody, with at least six months to be served at a residential alcohol and mental health treatment facility.Kevin Matlak, 21, pleaded guilty last month to one count of making a criminal threat.Superior Court Judge Polly Shamoon placed Matlak on five years probation and ordered him to stay away from Torrey Pines High and have no contact with three people named in a criminal complaint.RELATED: Former Torrey Pines student faces judge in online threats caseDefense attorney Brian Watkins said Matlak didn't threaten anyone directly, but three former classmates -- whom the defendant didn't know -- read his posts on Instagram and felt threatened by them.The classmates of Matlak's who graduated in 2015 reported the threats to law enforcement on May 30, leading to his arrest."I hate all of you," Matlak wrote in one post, according to Deputy District Attorney Matthew Greco.RELATED: Former Torrey Pines High School student seeking psychiatric help after online threat"Get the (expletive) out of San Diego 2K18 before I find u," the defendant wrote in another post. Matlak also posted a photo of him holding an AR-15 rifle in one hand and giving the middle finger with the other hand, Greco said.The principal of Torrey Pines High School wrote a letter to the court, detailing how the threats impacted him and his assistant principals, knowing that the person making the threats had not been arrested and knowing that they could be in harm's way after they made the decision to keep the school open the next day. 1690

SACRAMENTO, Calif. (KGTV) -- Governor Gavin Newsom is proposing withholding gas tax funding for cities that don’t build enough housing. The proposal, released Monday, sets higher short-term housing goals that cities and counties would be required to meet. If housing goals aren’t met, “Local Streets and Roads funds may be withheld from any jurisdiction that does not have a compliant housing element and has not zoned and entitled for its updated annual housing goals.”RELATED: California lawmakers want 0 billion toward clean energy, would pay with gas tax fundsIf passed, the plan would withhold gas tax funding for road repairs beginning on July 1, 2023. “Our state’s affordability crisis is undermining the California Dream and the foundations of our economic well-being,” said Governor Newsom. “Families should be able to live near where they work. They shouldn’t live in constant fear of eviction or spend their whole paycheck to keep a roof overhead. That’s increasingly the case throughout California.”According to a news release, the proposal would provide 0 million in support and incentives to help plan and zone for increased housing goals. SB1 was signed into law by Governor Jerry Brown and increased the gas tax by 12 cents per gallon and registration fees by as much as 5. In November of 2018, an effort to repeal the gas tax increase, Proposition 6, failed to pass in a statewide vote. 1421

SAN DIEGO (CNS) - A federal lawsuit has been filed against several puppy stores in San Diego and Riverside counties, as well as an allegedly fake Missouri-based animal rescue organization accused of taking part in an illegal puppy mill operation, adding to existing litigation claiming the stores fraudulently label their dogs as rescues.The lawsuit, filed Friday in San Diego federal court on behalf of Maryland-based nonprofit PetConnect Rescue Inc., is one of several filed recently against Utah resident David Salinas, who owns several stores in the San Diego region, including two named in the lawsuit: Broadway Puppies in Escondido and Pups & Pets in Santee.Plaintiffs' attorneys say the Salinas-owned stores obtain their puppies through the similarly named Missouri-based Pet Connect Rescue Inc., which allegedly "launders" dogs from illegal puppy mills, "falsely labeling them as `rescues."'"As nurses, doctors, grocery store and delivery workers risk their lives to provide essential services, and other businesses sacrifice by shutting down to protect public health, these illegal puppy stores continue selling purebred and designer puppies for thousands of dollars each, trucked in from Missouri, and fraudulently labeled as `rescues' so the owners can continue to profit from their illegal scheme," plaintiffs' attorney Bryan Pease alleged.In prior lawsuits, customers alleged they purchased what they were told were rescue puppies from Salinas-owned stores, only to have purchased a dog that was actually from a puppy mill. The dogs were often were riddled with illnesses -- sometimes leading to death -- due to being bred in poor conditions, according to prior litigation.A preliminary injunction was previously obtained by animal-rights organizations against National City Puppy, also owned by Salinas, which was ordered to shutter earlier this year in light of similar allegations.An evidentiary hearing had been set for this Friday in San Diego state court regarding preliminary injunctions against Broadway Puppies and Pups & Pets, but that hearing has been indefinitely postponed due to the San Diego Superior Court's coronavirus-related shutdown.In the latest complaint, the plaintiffs allege the stores have remained open for business during the coronavirus pandemic despite a statewide "stay at home" order issued by Gov. Gavin Newsom to all but essential services.While pet stores are exempt from closure due to Newsom's Thursday order, the lawsuit alleges the stores' continued operation "is putting the public at risk as well as continuing to defraud consumers into believing they are supporting `rescues' during this difficult time by buying a puppy."The complaint alleges that the stores' operation during the pandemic puts the public at increased risk of the spread of multi-drug-resistant Campylobacter infections, which the Centers for Disease Control and Prevention says has been linked to puppies purchased from pet stores. 2971

SAN DIEGO (AP) - President Donald Trump is strongly defending the U.S. use of tear gas at the Mexico border to repel a crowd of migrants that included angry rock-throwers and barefoot, crying children.Critics denounced the action by border agents as overkill, but Trump kept to a hard line."They were being rushed by some very tough people and they used tear gas," Trump said Monday of the previous day's encounter. "Here's the bottom line: Nobody is coming into our country unless they come in legally."At a roundtable in Mississippi later Monday, Trump seemed to acknowledge that children were affected."Why is a parent running up into an area where they know the tear gas is forming and it's going to be formed and they were running up with a child?" the president asked.He said it was "a very minor form of the tear gas itself" that he was assured was "very safe."Without offering evidence, Trump claimed some of the women in Sunday's confrontation are not parents but are instead "grabbers" who steal children so they have a better chance of being granted asylum in the U.S.On Tuesday, U.S. authorities lowered the number of arrests during the confrontation to 42 from 69. Rodney Scott, chief of the Border Patrol's San Diego sector, said the initial count included some arrests in Mexico by Mexican authorities who reported 39 arrests.Scott also defended the agents' decisions to fire tear gas into Mexico, saying they were being assaulted by "a hail of rocks.""That has happened before and, if we are rocked, that would happen again tomorrow," he told reporters.The showdown at the San Diego-Tijuana border crossing has thrown into sharp relief two competing narratives about the caravan of migrants who hope to apply for asylum but have gotten stuck on the Mexico side of the border.Trump portrays them as a threat to U.S. national security, intent on exploiting America's asylum law. Others insist he is exaggerating to stoke fears and achieve his political goals.The sheer size of the caravan makes it unusual."I think it's so unprecedented that everyone is hanging their own fears and political agendas on the caravan," said Andrew Selee, president of the Migration Policy Institute, a nonpartisan think tank that studies immigration. "You can call it scary, you can call it hopeful, you can call it a sign of human misery. You can hang whatever angle you want to on it."Trump rails against migrant caravans as dangerous groups of mostly single men. That view figured heavily in his speeches during the midterm election campaign, when several were hundreds of miles away, traveling on foot.The city of Tijuana said that as of Monday, 5,851 migrants were at a temporary shelter, 1,074 were women, 1,023 were children and 3,754 were men, including fathers traveling with families, along with single men.The U.S. military said Monday that about 300 troops who had been deployed in south Texas and Arizona as part of a border security mission have been moved to California for similar work.The military's role is limited largely to erecting barriers along the border and providing transportation and logistical support to Customs and Border Protection.Democratic lawmakers and immigrant rights groups blasted the tactics of border agents."These children are barefoot. In diapers. Choking on tear gas," California Gov.-elect Gavin Newsom tweeted. "Women and children who left their lives behind — seeking peace and asylum — were met with violence and fear. That's not my America."U.S. Customs and Border Protection Commissioner Kevin McAleenan said the administration's concerns about the caravan "were borne out and on full display" Sunday.McAleenan said hundreds — perhaps more than 1,000 — people attempted to rush vehicle lanes at the San Ysidro crossing. Mexican authorities estimated the crowd at 500. The chaos followed what began as a peaceful march to appeal for the U.S. to speed processing of asylum claims.McAleenan said four agents were struck with rocks but were not injured because they were wearing protective gear.Border Patrol agents launched pepper spray balls in addition to tear gas in what officials said were on-the-spot decisions made by agents. U.S. troops deployed to the border on Trump's orders were not involved in the operation."The agents on scene, in their professional judgment, made the decision to address those assaults using less lethal devices," McAleenan told reporters.The scene was reminiscent of the 1980s and early 1990s, when large groups of migrants rushed vehicle lanes at San Ysidro and overwhelmed Border Patrol agents in nearby streets and fields.The scene on Sunday left many migrants feeling they had lost whatever possibility they might have had for making asylum cases.Isauro Mejia, 46, of Cortes, Honduras, looked for a cup of coffee Monday morning after spending Sunday caught up in the clash."The way things went yesterday ... I think there is no chance," he said.Mexico's Interior Ministry said in a statement it would immediately deport the people arrested on its side of the border and would reinforce security.Border Patrol agents have discretion on how to deploy less-than-lethal force. It must be "objectively reasonable and necessary in order to carry out law enforcement duties" and used when other techniques are insufficient to control disorderly or violent subjects.___Long reported from Washington. Associated Press writers Robert Burns in Washington; Julie Watson in San Diego; Jill Colvin in Biloxi, Miss.; and Christopher Sherman in Tijuana, Mexico, contributed to this report. 5562

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