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SAN DIEGO (AP) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161

SAN DIEGO (CNS) - A 22-year-old motorcyclist was hospitalized in critical condition this morning with injuries he sustained in a crash with a Toyota Rav4 in Mira Mesa.The man was riding northbound on Camino Ruiz at Marauder Way at 10:30 p.m. Friday when he broadsided the Rav4, according to Officer Robert Heims of the San Diego Police Department, who added one driver ran a red light, but it was unclear which one.The motorcyclist sustained multiple fractures and was taken to a hospital in critical condition, Heims said.The driver of the Toyota was not hurt. 569

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

SAN DIEGO (AP) — The California National Guard is denying a report by that California has rejected President Trump's plan to send National Guard troops to the U.S.-Mexico border. The Associated Press originally reported that troops would not be allowed to fix and repair vehicles, operate remotely-controlled surveillance cameras to report suspicious activity to the Border Patrol, operate radios and provide "mission support," which can include clerical work, buying gas and handling payroll, the state reportedly told federal officials. Lt. Col. Thomas Keegan said Monday afternoon that "state officials have not rejected anything since the Governor responded to the federal government last Wednesday with the proposed 'Memorandum of Agreement between the State of California and The Department of Defense and the Department of Homeland Security.'President Trump praised Governor Jerry Brown last week after Brown pledged 400 troops to the Guard's third large-scale border mission since 2006.RELATED: Trump says San Diego 'pushing hard' for border wallThe governor's commitment allowed Trump to boast support from all four border-state governors and helped put the president above the lower end of his threshold of marshaling 2,000 to 4,000 troops that he wants as a border security mission to fight illegal immigration and drug trafficking.But the Democratic Brown conditioned his support by insisting that California's troops have nothing to do with immigration enforcement. He was not specific about jobs his troops would or would not perform or how he would distinguish between immigration-related work and going after criminal gangs and drug and gun smugglers.RELATED: San Diego set to receive 28 new miles of border wallBrown last week characterized his decision to contribute troops as a welcome infusion of federally-funded support to fight transnational criminal gangs and drug and firearms smugglers. According to one U.S. official, the California Guard has suggested assigning about 40 troops to marijuana eradication across the state. 2076

SAN DIEGO (AP) — Eric Hosmer hit three-run doubles in consecutive innings to ruin Madison Bumgarner's Arizona Diamondbacks debut and give the San Diego Padres a 7-2 victory in Jayce Tingler’s first game as manager. The six RBIs tied Hosmer’s career-high and gave 24-year-old right-hander Chris Paddack the win in his first opening day start. Hosmer’s doubles came off Bumgarner in the sixth inning and Kevin Ginkel in the seventh. Both were with two outs.The 30-year-old Bumgarner allowed only two hits before struggling in the sixth.The Friars continue their four-game season-opening series against the Diamondbacks on Saturday.RELATED COVERAGE: Cardboard Padres fans to fill Petco Park's stands during 2020 seasonLocal company to help fill silence during MLB seasonFan hoping to "share" view overlooking Petco Park during baseball season 847

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