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SAN DIEGO (AP) — A Marine who worked jointly in Iraq with a decorated Navy SEAL accused of murder testified Thursday that the SEAL did not stab a teenage Islamic State prisoner in his care.Marine Staff Sergeant Georgio Kirylo said that he did not see stab wounds on the neck of the dead captive when he moved the body to position it for a so-called "trophy" photo.Kirylo took the stand in the San Diego court-martial of SEAL Chief Edward Gallagher, who is accused of fatally stabbing the adolescent militant in 2017. Gallagher, 40, has pleaded not guilty to murder and attempted murder.His statements followed testimony of an Iraqi general who said he was with the prisoner until he died, and that he did not see Gallagher stab him.Two SEALs previously testified that they saw Gallagher plunge a knife into the prisoner's neck. Kirylo said he was close with the SEALs who said they witnessed the stabbing, but he has since ended those friendships because the men are liars.Kirylo described Gallagher as an "old school" SEAL whose younger team members sometimes complained about his tactics.Kirylo said when he moved the captive a bandage came off the teen's neck and there were no stab wounds. He said some of the men in the platoon took turns taking photos with the body because they were excited that they had coordinated an air strike with Iraqi troops that had killed Islamic State fighters including the captive's commander."This was our unofficial war trophy," he said.Iraqi General Abbas al-Jubouri, whose forces were partnered with U.S. troops, testified that he handed over the wounded militant to SEALs to keep him alive for interrogation.The general was questioned June 3 and video of the testimony was shown to the jury on Thursday.The general said during defense questioning that he did not see Gallagher harm the captive in any way — and if he had, he would have spoken up."If he did any mistake with this kid, or if anyone had from the Navy SEALs, I would have stopped them," al-Jubouri said.Navy medics did their best to save the captive, he said.When he was shown photos of the dead militant with bandages around his neck and tubes in his chest, al-Jubouri said he'd never seen the images before.The general said the militant told him he was 17 years old.The trial resumed a day after officials said a SEAL who testified that it was he — not Gallagher — who killed the wounded prisoner may face perjury charges. The Navy said it is reviewing Corey Scott's statements following his stunning testimony last week.Witnesses had said they saw Gallagher stab a wounded Islamic State captive in the neck and shoot at two civilians during his 2017 tour in Iraq.Scott testified that he actually killed the captive by plugging his breathing tube. Scott said he thought the boy would survive Gallagher's stabbing and wanted to spare him being tortured by Iraqi forces.Prosecutors said Scott had never mentioned the asphyxiation in multiple conversations with them before the trial. Scott said they never asked him the cause of death.The defense has repeatedly argued that Gallagher was being framed by tainted or even false evidence.On Tuesday, the Navy's legal adviser to the commander overseeing the court-martial notified Scott's lawyer, Brian Ferguson, that Scott's testimony could be used against him if he lied.Capt. Donald King's email said Scott's testimony directly contradicted "previous official statements — thus exposing him to prosecution."Cmdr. Tam Lawrence, Naval Special Warfare spokesman, said Scott was granted immunity in exchange for the promise of truthful testimony.Scott's statements were being reviewed but "no decisions have been made," she said.Ferguson declined to comment.Gallagher's superior, Master Chief Petty Officer Brian Alazzawi, testified Tuesday that Gallagher and his platoon were considered "rock stars" after returning from the 2017 deployment to Iraq in which they aided Iraqi forces in ousting ISIS from Mosul.But he noticed some platoon members seemed dejected despite the praise.Alazzawi said Special Operator First Class Craig Miller told him in October 2017 that Gallagher had stabbed a prisoner on May 3 while deployed.Miller told Alazzawi that he was coming forward because Gallagher was being promoted and nominated for a Silver Star.Alazzawi said he trusted Miller and found the report credible. He told the troop commander but the alleged war crime wasn't reported outside SEAL Team 7 until January 2018 — when Alazzawi got word that several SEALs had planned to go as high as the Navy commodore because nothing was being done.Alazzawi did not explain why he and the troop commander had taken no action.___Weber reported from Los Angeles. 4704

SAN DIEGO (CNS) - A former Navy man was convicted of second-degree murder Friday for fatally stabbing his estranged wife, whose body was found in San Diego Bay nearly two years after she vanished.Matthew Scott Sullivan, 35, was found guilty for the death of his 31- year-old wife, Elizabeth, who vanished the evening of Oct. 13, 2014.Prosecutors allege Sullivan killed his wife at the couple's Liberty Station home, then hid her body inside a freezer for nearly two years before dumping it in the water.Following a three-week trial and just over a day of deliberations, the jury panel acquitted Sullivan of a first-degree murder charge, but convicted him of second-degree murder, plus an allegation of using a knife in the killing.Sentencing was scheduled for April 13.Deputy District Attorney Jill Lindberg alleged at trial that after stabbing his wife at least five times in her bedroom, Sullivan hid the body and murder weapon inside his home until he was compelled to discard Elizabeth's remains when movers arrived Oct. 4, 2016, at the onset of his cross-country move to the East Coast.Her decomposed body was discovered that same day in the water about a half-mile from their residence, dressed in the same clothes she was last reported wearing.An autopsy revealed a series of injuries to her ribs consistent with stab wounds, as well as fractures in her jaw and her nose.Investigators also discovered the victim's blood beneath the carpet of her bedroom and on a knife in the attic of the couple's home, according to Lindberg.Defense attorney Marcus DeBose argued that the presence of her blood inside her bedroom and on the knife stemmed from self-inflicted cutting, due to a reported history of depression and self-harm. He said that about a month before her disappearance, Sullivan had discovered that his wife had cut herself with a broken shard of glass and bled heavily throughout her bedroom.DeBose said a more plausible theory was that she stashed the knife in the attic to keep her cutting behaviors furtive, rather than her husband holding onto the murder weapon for two years, when he could have easily disposed of it at any time.DeBose also said his client's wife engaged in erratic behavior, including the cutting, as well as substance abuse, and frequently disappeared from home without notice. DeBose said she'd previously talked to her father and friends about leaving Sullivan and their two children.On the night of Oct. 13, 2014, DeBose alleged she simply left the home and never returned.Lindberg told jurors that the victim never contacted anyone after Oct. 13 and never touched about ,000 she transferred from the couple's joint account to her personal bank account shortly before her disappearance.The Sullivans' marriage was spiraling over financial issues and her affair with another man, leading the couple to start sleeping in separate bedrooms, she said.When Sullivan arranged for his mother and sister to move into the Liberty Station home on Oct. 13 to begin caring for their children, his wife contacted an attorney to secure a restraining order to keep her husband's family out of the home, Lindberg said.In addition to being angry over his wife's cheating and her attempts to obtain a restraining order, the prosecutor alleged Sullivan also feared she might take his children in the impending divorce.The marriage was "speeding toward a conclusion that (Sullivan) did not like" and "his back was against the wall. He had to do something to stop her, so he did," Lindberg told the jury.After Oct. 13, 2014, one of the victim's friends, who knew she was planning to leave Sullivan, couldn't reach her and reported her missing.Sullivan did not report her disappearance, but Lindberg noted he did go to a store the morning of Oct. 14 to purchase a single item: carpet cleaner.Investigators searched the home in 2014, when it was still a missing persons case, and found an empty freezer in the garage, Lindberg said, but nothing that could lead to an arrest.A former San Diego County deputy medical examiner who helped conduct the autopsy testified that the victim's decomposition was more consistent with someone who had been dead for one to two months.Lindberg said the most probable explanation is that Sullivan utilized the freezer to hide the body, which accounted for the delayed decomposition, while DeBose countered that theory was mere speculation."Unable to communicate through science and through their doctors that her body was frozen, the People are asking you to take a leap of faith," DeBose told the jury.The prosecutor said a police cadaver dog alerted officers to the presence of a dead body in Sullivan's garage during the 2016 investigation, which she said indicated the body had been hidden in the freezer there and was recently moved.The defendant was arrested in 2018 at his home in Delaware and extradited to San Diego. 4887

SAN DIEGO — An aging shopping center right across from one of San Diego's most luxurious could be in for a major revitalization project.The 31-year-old Costa Verde shopping center is right across from the modern Westfield UTC. The center, at the corner of Genesee and Nobel, serves the community with grocery stores, places to eat, exercise, and get gas and dry cleaning. However, it has several vacancies and there are always empty parking spaces. Now, it appears to be in for a major overhaul that would help it fit right in with Westfield UTC. Owner Regency Centers is moving toward tearing down the entire mall, except for the McDonalds and gas station/car wash on the southwest end. It would then rebuild the retail portion, with the same community serving stores. But, this time, it would add a 200-room business hotel, and 400,000 square-feet of biotech office space, partnering with Alexandria Real Estate."The neighborhood is the most dynamic neighborhood, not only in San Diego County, not only in Southern California, not even on the west coast," said John Murphy, who is leading the project for Regency Centers. "It is one of the most dynamic pieces of property in the country."The San Diego Planning Commission unanimously recommended the project for approval Thursday. It will next go before the City Council, likely in October. If all goes as planned, ground could break in 2021, with the retail portion ready by the holidays of 2023. 1458

SAN DIEGO (CNS and KGTV) - The newly elected San Diego City Council members from districts 2, 4 and 8, as well as re-elected District 6 City Councilman Chris Cate, were sworn in Monday.Outgoing council members Lorie Zapf and David Alvarez gave parting remarks at the ceremony where incoming members Jennifer Campbell, Monica Montgomery and Vivian Moreno were officially welcomed to the 72nd City Council. Outgoing District 4 City Council President Myrtle Cole did not attend.Campbell, a physician and a Democrat who defeated Zapf, a Republican, in District 2 with nearly 58 percent of the vote, compared the job of a council member to her work as a family doctor."Each profession is focused on preventing and solving problems," she said. "In both, we listen to your problem, we learn the history of it, we make a diagnosis and provide a pathway to a cure. And that is how I will serve as District 2's representative in City Hall."Campbell flipping Zapf's seat gives Democrats a 6-3 supermajority on the technically nonpartisan council for at least the next two years."When we work together and we focus less on politics and focus more on the priorities of our communities, there is no challenge too great or obstacle too high that we cannot overcome," Mayor Kevin Faulconer said.Montgomery, a civil rights attorney, ousted Cole in District 4 by painting the incumbent as a City Hall insider out of touch with her own district. Montgomery finished with 57.7 percent of the vote and received the biggest applause, by far, of the four council members taking the oath of office."My prayer is that I never lose sight of the community that sent me to City Hall to do one job, and that is to advocate for you," Montgomery said. "On November 6, 2018, District 4 said `no more' ... No more giving away of our community resources to special interests, no more back-door deals to decide our community's fate, no more supporting leaders who abandon our community and no more leaving out children behind."Montgomery said the City Council can do more to reach its climate action goals, examine police practices, and pursue economic justice. Despite being a Democrat, Cole was Faulconer's closest left-of-center ally on the council over the last two years.“I’m confident that we’re going to work well with all of our colleagues... All of our colleagues,” said Council President Pro-Tem Barbara Bry.Moreno replaced her boss, the termed-out David Alvarez, in District 8. While she is expected by some City Hall observers to tread largely the same path as Alvarez did in his time on the council, her election signifies the first time in city history that a majority of the council members are women."This is an historic day for our city," said Councilwoman Barbara Bry. "We have five women -- five strong women from diverse backgrounds are going to constitute a majority of our San Diego City Council."Moreno finished with 50.9 percent of the vote, 549 votes ahead of San Ysidro school board member Antonio Martinez."People want to know that City Hall is working for them, not for outside interests or those with their own agenda," Moreno said. "They want to know that their elected officials listen to them and do all they can to help. To the communities of District 8, I promise to bring City Hall to you."Campbell, Montgomery and Moreno voted Monday afternoon with the rest of their council colleagues to elect Georgette Gomez as council president. She will set the agenda for future meetings. Bry, Georgette Gomez and Chris Ward are the senior Democrats on the council. City Hall observers portray the vote as coming down to Gomez and Bry, the council's current president pro tem and a possible mayoral candidate in 2020. 3715

SAN DIEGO (CNS) - A fire that erupted in the attic of a Rancho Penasquitos home early Monday displaced seven residents, but nobody was hurt.The blaze was reported shortly after 12:45 a.m. at the two-story house in the 8400 block of Corte Fragata, off Carmel Mountain Road north of state Route 56, according to the San Diego Fire-Rescue Department.One person in the home told dispatchers the residents smelled smoke and saw smoke coming from the attic, SDFRD spokeswoman Monica Munoz said. Crews knocked down the fire within 25 minutes and kept the flames contained to the attic area, but the house sustained smoke damage, she said.The American Red Cross was called in to help the displaced residents -- four adults and three children -- arrange for temporary lodging.The cause of the fire was under investigation. 821