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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

SALT LAKE CITY — Some pornographic websites are beginning to comply with a new Utah law requiring that warning labels be attached to adult-oriented materials.At least three major porn sites — Pornhub, XTube and RedTube — have begun attaching an opt-in notification for visitors from Utah, which says that the state believes pornographic materials can be harmful if viewed by minors."It shows for a lot of businesses, they're more concerned about their pocketbook than they are about being prosecuted," said Rep. Brady Brammer, R-Highland, who sponsored the bill earlier this year.Brammer's bill got national attention, and he faced pushback and threats of lawsuits from the adult entertainment industry when it debuted earlier this year. XHamster, another adult website, even trolled the bill by posting a parody warning on its site for Utah viewers to see.Brammer watered down the original bill, and it passed the legislature. Utah Gov. Gary Herbert, a Republican, allowed it to go into law without his signature.The law allows people to bring a private civil action in court against a site for displaying "obscene" materials, but it would require someone to go to court and have something declared "obscene."A trade group representing the porn industry said it advises websites not to comply with the new law, believing it is still unconstitutional."No matter the message, the First Amendment restricts the government's ability to compel speech. Individual companies may choose to comply because it's easier than facing lawsuits or fines. We've never advised our members to comply, and don't believe this is being done in any widespread manner, but respect that a business may make decisions that limit potential liability," Mike Stabile, a spokesman for the Free Speech Coalition, said in an email. "As with similar, previous legislation in Utah, we'll eventually see the law challenged and overturned, and at no small expense to the Utah taxpayer. That's unfortunate, because that money and energy could be spent educating people about actually effective methods of protection, like parental filters."An email sent to Pornhub requesting comment on why it began posting warning labels was not immediately returned.While no websites have challenged the law in court, Brammer believes it will hold up."So far, it's been a lot of talk. I don't think that they will, if they do bring a legal challenge, I don't think they'll be able to succeed on that," Brammer said. "We have a difference of opinion on that. They haven't felt confident enough yet to bring a legal challenge and most of the companies, rather than make the challenge and spend the money on that, they're complying."Brammer said he ultimately would like to expand the legislation to allow for people to sue an adult website, even if they don't know who owns it.But he said he was not planning to bring that forward in the 2021 legislative session that begins in January. Other states have expressed interest in running similar legislation, he said.Brammer said the warning label law has already alerted parents when their child was re-directed to an adult site, and it's educated them about parental filters.He insisted his bill did not block adults from viewing pornography, just minors."If that's where they want to go, they're going to get there. And I'm not trying to stop that," he said. "But I'm giving them a chance if that's not where they want to go."This story was originally published by Ben Winslow on KSTU in Salt Lake City. 3510

SAN DIEGO (CNS) - A 17-year-old boy who was allegedly behind the wheel during a solo-vehicle crash in Mission Valley that killed two teenage passengers and injured two others pleaded not guilty to multiple charges Thursday during an arraignment conducted at a Hillcrest hospital room.The unidentified teen was allegedly driving a 2008 BMW that veered off a freeway off-ramp and caught fire around 3:15 a.m. Saturday, killing two 15-year-old boys, according to the California Highway Patrol. Relatives and officials identified the two deceased teens as Gustavo Beltran and David Chavez.The crash occurred on the off-ramp from southbound state Route 163 to westbound Interstate 8, according to the CHP.RELATED:Second teen killed in Mission Valley crash identifiedCommunity helping family of teen killed in Mission Valley crashAt least 2 dead in fiery freeway crash in Mission ValleyDue to the driver's age, prosecutors declined to comment on what charges he's facing, his current medical condition or the conditions of the two surviving passengers. Deputy District Attorney Hung Bach told reporters outside UC San Diego Medical Center the boy will be transferred to juvenile hall upon his release from the hospital. He is due in court Feb. 26 for a readiness conference.Though prosecutors declined to discuss specifics on the circumstances behind the crash, Officer Salvador Castro of the California Highway Patrol said the driver was arrested Saturday at a hospital on suspicion of vehicular homicide and driving under the influence of drugs and alcohol.All five boys range in age from 15 to 19 and were friends, Castro said.The driver and two other teens were able to escape the burning vehicle, but two boys were trapped in the back seat, Castro said. Their bodies were found after firefighters put out the flames. 1823

SAN DIEGO (CNS) - A former San Diego State University student accused of setting a string of fires around the campus over the course of three days was charged with a dozen felony counts Wednesday, including burglary, arson and vandalism. Madelyn Delarosa, 19, was taken into custody Saturday morning, following four fires she's suspected of setting to apartments and vehicles across campus between March 13-16. No injuries were reported in connection with the fires, all of which occurred a few blocks south of Viejas Arena. However, Deputy District Attorney Rikole Santin noted that one of the fires was ignited in an occupied apartment, inside which a person was sleeping. Santin said the heat from the flames caused a window to shatter and ``rain glass and fire'' upon the victim, who was asleep just below the window. A suspected motive for the spree was unknown, as was the reason Delarosa was no longer a student at the campus. RELATED: Former SDSU student arrested in connection with a string of fires on campusDelarosa, who pleaded not guilty, faces 13 years in state prison if convicted as charged. The prosecutor said the crime spree began last Wednesday with Delarosa allegedly vandalizing a vehicle parked within an apartment complex garage, causing ``well over ,000 in damage.'' At 11 a.m. Thursday, an officer on patrol spotted and quickly extinguished a fire in a parked car in the 5500 block of Hardy Avenue, according to campus police. Santin said surveillance footage captured the defendant entering a parking garage, where a Toyota Prius was set aflame, then an hour later, she allegedly ignited the exterior door of an unoccupied apartment in the 5600 block of Hardy Avenue, both times by using an unspecified accelerant. A passerby put out the apartment fire before officers arrived, police said. Around 8:30 a.m. Friday, police received word of the apartment blaze near the 5500 block of Montezuma Road, where the sleeping resident was able to escape without injury, according to Santin. That fire went out on its own, police said. Delarosa is also accused with setting a Mercedes-Benz on fire shortly after 8 a.m. Saturday in a parking garage in the 5500 block of Hardy Avenue. Delarosa has no prior criminal history, but had ``numerous prior contacts with law enforcement,'' according to Santin, the nature of which was not disclosed. The defendant is being held in lieu of 0,000 bail and is due back in court March 29 for a readiness conference. 2483

SAN DIEGO — It appears the Congressional seat vacated by Republican Duncan Hunter will remain in Republican hands, according a new scientific poll.The ABC-10 Union-Tribune scientific poll shows Republican Darrell Issa leading Democrat Ammar Campa-Najjar 51 percent to 40 percent, with 9 percent undecided. The poll, released Tuesday, has a margin of error of 5.7 points. It comes after the two prior polls showed the candidates in a virtual tie for the 50th Congressional District, which comprises most of East County and stretches into southern Riverside County. The shift came because independents moved to support Issa. Last month, the poll showed Campa-Najjar leading Issa in independents by 13 points. Tuesday's poll showed a major swing, with Issa leading among independents by 14 points. That's a 27-point swing. "In the end, independents in red-leaning area tend to be more red leaning, vice versa for blue-leaning areas, and so it's not surprising that Darrell Issa, as we get closer to the election, is bringing home these independents out in East County, San Diego," said Thad Kousser, political scientist at UC San Diego.The 50th District is the county's last in which Republicans outnumber Democrats in registration, giving Issa the advantage.In an interview Tuesday, Issa said he was traveling the district from Temecula to Jamul, meeting voters with social distancing. "I think my 18 years of support for pro-business, pro-50th type voting has allowed me to whether some pretty egregious claims of, somehow, corruptness and so on," he said. Campa-Najjar declined an interview Tuesday, but released this statement: “I’m inviting voters to reach me personally at 619-721-5148. The only poll that matters is on Election Day, and CA-50 voters have defied the odds time and time again. Darrell Issa is trying to buy and lie his way back to Congress. But CA-50 voters know me, I’ve spent the last four years listening to their needs. And I know that in one week, voters will show the world what I’ve seen over the past four years.”In response to that statement, Issa said, "It's a statement of somebody who is way behind in the polls, not likely to win, and somebody who spent more money and went negative claiming that, somehow, I was unfit from day one."SurveyUSA polled 538 likely voters in the district from Oct. 22 to Oct. 26. 2348

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