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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) - Eight residents and two pets were displaced Tuesday when a fire caused by electrical failure broke out in a Grantville apartment building, authorities said.The noninjury blaze was reported shortly after 5:35 a.m. at a two-story apartment building on Reflection Drive, in The Village Mission Valley apartment complex off Santo Road and Friars Road, according to the San Diego Fire-Rescue Department.Crews arrived to find smoke and flames coming from the roof of one apartment building, SDFRD spokeswoman Monica Munoz said, adding that all residents were able to escape safely before firefighters arrived.Firefighters knocked down the flames and kept the fire contained to an apartment on the second floor, Munoz said. A time of knockdown was not available.One other apartment on the second floor and one apartment on the first floor sustained smoke and water damage, she said. There was also extensive water damage in the building's attic because of a broken water pipe.Fire investigators determined the blaze was caused by an unspecified electrical failure, Munoz said.The American Red Cross was called in to help the displaced residents arrange for temporary lodging.The fire caused an estimated 0,000 in damage to the structure and an estimated 0,000 in damage to its contents, Munoz said. 1323

SAN DIEGO (CNS) - A man held up a gas station in Mountain View and escaped on foot early today, police said.It happened just before 4 a.m. at a Chevron gas station on National Avenue near 35th Street, according to Officer Sarah Foster of the San Diego Police Department.A man walked into the gas station and pointed a gun at an employee, demanding money, Foster said.The employee complied and opened the cash register. The suspect took money from the register, grabbed two packs of cigarettes and took off on foot, Foster said. Police were unable to find him.Robbery detectives were investigating the incident. 618

SAN DIEGO (CNS) - County health officials today reported the death of a San Diego County man due to flu complications, bringing this flu season's death toll in the region to seven.The 73-year-old man died due to influenza A complications on Dec. 16, according to the county's Health and Human Services Agency.The man's vaccination status and medical history are still being investigated. The other six county residents who have died this season had additional medical conditions and either weren't vaccinated or their vaccination status was unknown."Influenza can be deadly, especially for the elderly and people with chronic medical conditions," said Dr. Wilma Wooten, the county's public health officer. "Getting a flu shot is the best way to prevent getting sick."At this time last year, 11 county residents had died due to flu complications. Last flu season was the county's worst in nearly 20 years of collecting data, with 342 residents succumbing to flu complications. Residents over the age of 65 with underlying medical conditions accounted for much of that death toll, according to the county.According to the county's weekly flu report for Dec. 16-22, lab- confirmed flu cases rose for the fourth consecutive week, from 290 to 410. That jump is a far cry, however, from the same week last flu season when reported cases spiked to 2,332. To date, 1,339 flu cases have been reported and lab- confirmed this flu season."While we're seeing fewer flu cases this season, everyone 6 months and older should get vaccinated since the flu season could last through April and even May," Wooten said.In addition to residents 6 months and older, county health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for people with a heightened risk of serious flu complications, like pregnant women, people older than 65 and people with chronic conditions like asthma and diabetes.County residents can get vaccinated at doctors' offices, retail pharmacies, community clinics and the county's public health centers. 2070

SAN DIEGO (CNS) - Despite an adjusted daily COVID-19 case rate of 7 per 100,000 population, San Diego County was again able to avoid being pushed into the most restrictive purple tier of California's four-tier reopening system.High rates of testing helped the county stay in the red tier, county officials said. The positive adjustment is given by the state to counties that are testing at higher levels than the state's median. That adjustment prevented the county from landing in the purple tier, which would have placed indoor activities at restaurants, movie theaters, gyms and a number of other locations in jeopardy."Remaining in the red tier is good news, but the new adjusted rate is not. The new figure clearly shows the region is not moving in the right direction," said Dr. Wilma Wooten, San Diego County public health officer. "It is extremely important San Diegans follow the local health guidance to slow the spread of COVID-19 and keep the region from falling into the purple tier."The county's unadjusted case rate for the week of Oct. 4-10 rose from 7.2 to 7.8 cases per 100,000 residents. It was adjusted down to 7 per 100,000. The data are reported on a one-week delay.While the testing positivity percentage for the region also increased from 3% to 3.3%, 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.County public health officials reported 265 new COVID-19 infections and four deaths related to the illness Tuesday, raising the region's total case count to 53,000 and the death toll to 857.Four men died between Oct. 11 and Oct. 18, and their ages ranged from mid-50s to early 80s. All had underlying medical conditions.Of the 9,110 tests reported Tuesday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.8%, far below the state-set target of less than 8%.Of the total COVID-19 cases in the county, 3,788 or 7.1% have been hospitalized, with 876 -- or 1.7% -- spending at least some time in an intensive care unit.Five new community outbreaks were reported Tuesday, two in businesses, one in a restaurant/bar setting, one in a K-12 school setting and one in a faith-based institution. In the past seven days, 30 community outbreaks were confirmed, well above the trigger of seven or more in a week's time.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.The county uses community outbreaks to get a larger sense of the pandemic locally, but the state does not include the statistic in its weekly report.Wooten said 95% of the county's cases were not related to a marked community outbreak, a clear indicator the illness has spread throughout the county.The Vista Unified School District, meanwhile, fully reopened its schools Tuesday morning, becoming one of the first in the region to do so.The district invited students back to 28 schools, eschewing some of the more cautious measures some other school districts are taking, moving into its Phase 3 reopening plan. The plan, "Vista Classic," allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose."Our health and safety measures were working well, with mask wearing and handwashing particularly strong on all campuses," Vista Superintendent Matt Doyle said after visiting campuses. "We will continue to refine arrival, dismissal, and lunchtime routines for students as they relearn how to interact with their friends in this new social distancing environment."The district said it will attempt to have social distancing as much as possible, but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.A rally Thursday by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening, with many educators believing the safety measures inadequate.According to KPBS, plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning. 4675