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SAN DIEGO (CNS) - Former Navy SEAL Edward Gallagher, who was acquitted of murder and attempted murder charges last year stemming from allegations that he fatally stabbed a wounded teenage ISIS fighter and shot Iraqi civilians, is suing the Secretary of the Navy and a New York Times reporter, alleging the reporter defamed Gallagher with the help of Navy officials illegally leaking him documents.The suit accuses the Navy of leaking "about 500 pages of confidential documents from the Navy's criminal investigation" on Gallagher to reporter David Philipps, who extensively covered the allegations against Gallagher prior to and after his trial at Navy Base San Diego last year.The suit also names as a defendant Navy Secretary Kenneth J. Braithwaite, who was sworn in to his post Friday, the same day Gallagher's lawsuit was filed in San Diego federal court.Representatives of the Navy and New York Times could not immediately be reached for comment.Gallagher was acquitted in July of several serious charges related to the alleged slaying of a teenage boy, as well as allegations of firing indiscriminately on civilians from a sniper's nest, which could have had him facing life in prison. However, he was only convicted of posing with the teen's body in a photograph, resulting in a demotion in rank. President Donald Trump, who publicly supported Gallagher throughout the allegations, restored Gallagher's rank in November.According to the lawsuit, "corrupt Navy officials" conspired to defame Gallagher by leaking information to Philipps, who published several articles that Gallagher's attorneys allege presented false information to discredit the former SEAL.The complaint further alleges that Philipps wholly fabricated some allegations against Gallagher, including that Gallagher routinely fired on civilian neighborhoods and tried to run over a Navy Police officer in 2014.The suit alleges information leaked to Philipps included "witness interview summaries and seized text messages" from the criminal investigation and "a complete list of other SEALs that Chief Gallagher had deployed with on prior occasions" so that Philipps could contact them for his stories.Navy officials hoped "negative publicity would help to pressure Chief Gallagher into taking a plea, as well as to influence any potential jury pool," the complaint alleges."Navy officials presented David Philipps with a golden egg," the lawsuit alleges. "They would illegally provide him with certain protected documents, in clear violation of the Privacy Act and court orders, so that Philipps could write a damning portrayal of Chief Gallagher, with reckless disregard for the truth."The suit, which seeks unspecified damages, alleges Gallagher has suffered "significant mental and emotional anguish" through the Navy's "violations of the Privacy Act and unlawful disclosure of Chief Gallagher's private information to David Philipps."The lawsuit is not the first time Gallagher's attorneys have accused Navy officials of misconduct.Gallagher's defense team previously alleged Navy prosecutors used tracking software to spy on the email accounts of the defense and a Navy Times reporter covering the trial.The trial judge, Capt. Aaron Rugh, removed prosecutor Cmdr. Chris Czaplak from the case just before the trial was set to begin, ruling the prosecution sent emails to the defense and the Navy Times reporter that were embedded with code that would track the recipients' email activity.The findings led Rugh to order that Gallagher be released from custody due to violations of his Fourth and Sixth Amendment rights and that his maximum possible sentence of life without parole be reduced to life with the possibility of parole. 3715

SAN DIEGO (CNS) - An El Cajon man was sentenced Friday to 14 years in prison for distributing fentanyl, some of which caused the fatal overdose of a former player for the San Diego Old Aztecs Rugby Football Club.Christopher Glenn Emison, 33, pleaded guilty earlier this year to a distribution of fentanyl count for selling more than 40 grams of the drug, some of which led to the death of 45-year-old Derrick Hotchkiss in his San Diego home on April 11, 2019.A co-defendant, 34-year-old San Diego resident Jeffrey Alden Blair, pleaded guilty in February and is due to be sentenced next month.Prosecutors say Hotchkiss had text messages on his phone indicating Emison sold him fentanyl the night before his death.Shortly after Hotchkiss' death, investigators searched Emison's home and vehicle and seized fentanyl, heroin residue, firearms, ammunition and other items indicating drug sales.Prosecutors say Emison admitted to knowing the fentanyl was dangerous and apparently sent text messages to Hotchkiss to warn him of the drug's strength but never received a response."Selling drugs is not a victimless crime. Selling drugs is a root cause of crime, cartel violence, the destruction of families and in this case, death," said DEA Special Agent in Charge John W. Callery.U.S. Attorney Robert Brewer said, "This case and the fact that deadly fentanyl continues to ravage our community, taking more than 300 lives this year alone in San Diego County, demonstrates the urgent need to hold these dealers of death accountable for their actions."A statement from the Old Aztecs Rugby Football Club said, "We continue to grieve our beloved Deez ... Saturdays won't be the same; he was a large man with a heart to match." 1723

SAN DIEGO (CNS) - Health officials in San Diego County reported 269 new COVID-19 infections Sunday, bringing the total to 54,583 since mid-February, and two new deaths, bringing the overall fatality total to 870.The two deaths were men reported to have died earlier this month. They ranged in age from late 60s to early 70s, according to the San Diego County Health and Human Services Agency.Of the 10,819 new tests reported, 2% returned positive. The 14-day rolling average percentage of positive cases is 2.7%. The 7-day daily average of tests is 11,127.Two new community outbreaks were confirmed, one in a health-care setting and the other in a restaurant. In the past seven days -- Oct. 18 through Oct. 24 -- 26 community outbreaks were confirmed.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.Of all cases, 3,850 -- or 7.1% -- have required hospitalization. And 889 -- or 1.6% -- of all cases and 23.1% of hospitalized cases had to be admitted to an intensive care unit.Meanwhile, all students at San Diego State University remained under a stay-at-home advisory announced Thursday. The advisory began at 6 p.m. Friday and will run through Nov. 2 at 6 a.m. University officials said the move was made to discourage students from participating in Halloween events where physical distancing cannot be done. Students are advised to stay home unless they had an essential need.The university has had a total of 1,237 COVID-19 cases since the fall semester began, including 419 among students living on-campus, 789 among students living off-campus, 16 among faculty and staff and 13 among "visitors" -- defined as someone who has had exposure with an SDSU-affiliated individual.Chancellor Pradeep Khosla announced Thursday that all employees able to effectively work remotely will continue to do so through March 12, the end of its winter quarter."Empowering employees to continue to work from home whenever possible greatly reduces the population density on campus, which helps protect our students, student-facing employees and other essential staff working on site," said Nancy Resnick, UCSD's chief human resources officer.On Tuesday, despite an unadjusted daily COVID-19 case rate of 7.8 per 100,000 population, the county was again able to avoid being pushed into the purple tier of California's four-level reopening system, which would have placed indoor activities at restaurants, movie theaters, gyms and a number of other locations in jeopardy.The state adjusted the data for the week of Oct. 4-10 down to 7 per 100,000 -- the highest it can be without heading into the purple tier -- due to the county's high rates of testing. The data are reported on a one-week delay.The state reported that the testing positivity percentage for the region increased from 3% to 3.3%, but it still remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.7 to 5.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance. 3392

SAN DIEGO (CNS) - A security guard at a bar in Little Italy was sentenced Friday to six years in state prison for shooting a patron during an argument outside the establishment.Dangelo Jeffrey, 24, pleaded guilty earlier this year to charges of assault, discharging a firearm and carrying a concealed weapon for the April 20 attack that began at the El Camino Bar, 2400 India St., according to Deputy District Attorney Mary Naoom.Around 2 that morning, Jeffrey got into an argument with the male victim and others, and made threats. He then followed the victim along India and to Laurel Street, where they got into another argument, during which the victim punched him in the face, according to San Diego police.RELATED: Man shot twice by Little Italy security guard after argument at barJeffrey then shot the victim in the abdomen. The bullet struck his spine, Naoom said.San Diego Police Officer J. Buttle said Jeffrey fired two shots, one of which struck the victim, and that Jeffrey then went home. He later called police from home and turned himself in to authorities.He had no prior criminal history, and did not have a concealed carry permit for the weapon, Naoom said.RELATED:Hate crime charges filed in Little Italy assault caseCompany turns several San Diego apartments into vacation rentals 1309

SAN DIEGO (CNS) - A woman was seriously injured when she crossed into the path of an oncoming car in Linda Vista, police said Saturday.A 72-year-old woman had just gotten off a bus at a stop on Linda Vista Road near Tait Street around 5:20 p.m., according to San Diego Police Officer Robert Heims. She walked to a marked crosswalk and began to walk across the street against the signal, Heims said.At the same time, the driver of an approaching Toyota did not stop for the pedestrian and hit her, Heims said.Paramedics were dispatched and the pedestrian was taken to a hospital. She suffered extensive head injuries, Heims said.Police don't believe drugs or alcohol were factors in the crash. 700

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