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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 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 (AP) — A tech worker was charged Wednesday with murder and kidnapping in the death of a Utah college student whose body was found in a wooded area with her arms bound behind her.Prosecutors said Ayoola A. Ajayi, 31, was the last person Mackenzie Lueck communicated with before she disappeared on June 17.She died of blunt force trauma to the head, and her body was found with her arms bound with zip ties and ropes, District Attorney Sim Gill said while announcing the charges.He declined to discuss a motive or the nature of the connection between Lueck and Ajayi. He also didn't say what kind of weapon was used.Gill became emotional as he described the Lueck family's reaction to the charges. "They asked me to express on their behalf the generosity of so many strangers and friends," he said. "They are genuinely appreciative and moved by the outpouring of love and compassion."Lueck disappeared shortly after she returned from a trip to her California hometown for the funeral of her grandmother and took a Lyft from the airport to a park.She exchanged text messages with Ajayi and met him there, apparently willingly, but her phone was turned off a minute after the last text "and never powered back on," Gill said.Police later found the charred phone in the backyard of Ajayi's home in Salt Lake City, along with a bone, muscle tissue and part of Lueck's scalp, Gill said.A neighbor reported a fire and a "horrible smell" coming from the yard on the day Lueck disappeared, Gill said.Her body was later discovered in a shallow grave in Logan Canyon, 85 miles (138 kilometers) from Salt Lake City. The site is near Utah State University, where Ajayi had attended classes.Gill said phone data puts him at the canyon a week after Lueck disappeared. Police obtained a search warrant for his home the next day.Ajayi was arrested June 28 during the wide-ranging search for the 23-year-old University of Utah student that lasted nearly two weeks. Prosecutors did not strike a deal with Ajayi to find her, Gill said.Ajayi was charged with one count each of aggravated murder, aggravated kidnapping, obstruction of justice and desecration of a human body. A court appearance was set for Monday.Ajayi is represented by the public defender's office, which has refused to comment on the case.The charges make Ajayi eligible for the death penalty, but Gill did not say whether prosecutors would pursue it.Lueck has been remembered as a bubbly, nurturing person. She was a member of a sorority and a part-time senior at the university studying kinesiology and pre-nursing.Ajayi is an information technology worker who had stints with high-profile companies and was briefly in the Army National Guard.He has no formal criminal history but was investigated in a 2014 rape allegation and was arrested in a stolen iPad case at Utah State University in 2012. The arrest and the expiration of his student visa led to him being banned from the campus for about three years.A native of Nigeria, Ajayi holds a green card that allows him to legally work and live in the U.S., Gill said. 3091

SAN DEIGO (KGTV) - A family in City Heights is going to save about 90% on their electric bill thanks to the non-profit GRID Alternatives. The organization installed free solar on their roof for Mother's Day. Erika Rodriguez is a single mother of three and she told 10News she would not have been able to afford solar without the program. She'll own the panels as long as she lives at the house. If she moves, the panel stays. The construction team doing the work is a team of all women volunteers. GRID Alternatives is also hoping to get more women into solar-related jobs. Currently, women only make up 27% of solar jobs.  661

SAN DIEGO — Three teenagers were taken into custody in three separate attempts to smuggle fentanyl across the U.S.-Mexico border, according to federal officials.U.S. Customs and Border Protection (CBP) said the incidents occurred on March 30 and 31 at the San Ysidro Port of Entry near San Diego, California.On Friday, CBP agents stopped a 17-year-old Mexican citizen. After noticing an "anomaly" on the teen's back, agents conducted a pat down and found two packages strapped to his back. The packages contained four pounds of fentanyl — a street value of 1,000.The next day, CBP agents stopped two more male teens within 10 minutes of each other: a 17-year-old and a 15-year-old. Both were found to have packages of fentanyl strapped to their backs. The two combined were carrying about nine pounds of drugs, a street value of more than 6,000.The teens in each case were arrested and turned over to Homeland Security Investigations. The all drugs were seized by CBP officers.According to Pete Flores, the director of Field Operations for Customs and Border Protection in San Diego, Fentanyl is 50 to 100 times more deadly than heroin."Please understand that no matter what you may be told, there are consequences for engaging in this type of activity, not to mention the dangers of working with transnational criminal organizations,” he said, 1383