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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) - California restaurant owners from across the state, including San Diego County, filed government claims today seeking refunds of state and local fees assessed during the COVID-19 pandemic, saying public health orders have forced them to shutter their doors or operate under capacity restrictions even as they're charged fees for liquor licenses, health permits and tourism assessments.The claims were filed in San Diego, Los Angeles, Orange, Sacramento and Monterey counties. Claims will also be filed in San Francisco, Fresno and Placer counties, according to the restaurant owners' attorneys.Plaintiffs' attorney Brian Kabateck said, ``Restaurant owners are obligated to pay these government fees just to operate, yet the same government entities who have collected those fees have forced these businesses to close their doors or drastically restrict operations due to the pandemic. We simply want the government to return those fees to those restaurants who followed the law and closed.''The state has 45 days to respond to the claims, which are necessary precursors to a potential class-action lawsuit.The move was supported by the California Restaurant Association, whose president and CEO, Jot Condie, said, ``Even when the restrictions are lifted, the devastating impact on the restaurant industry will extend for years. Restaurants have not received any form of relief. Easing fees would help enable establishments to stay open and keep vulnerable workers employed.'' Restaurants, like many other industries, have been hit hard by the pandemic, leading to the permanent closures of many establishments.A survey by the California Restaurant Association found 63% of responding owners said they have not received rent relief. About 41% said their restaurants could remain economically viable with a 50% indoor capacity limit, which is only permitted in counties within the yellow or orange ``tiers'' in the state's color-coded status system.Kabateck said, ``It's offensive and tone deaf for these entities to enforce these rules and charge fees for licenses and permits these businesses can't use.'' 2131

SAN DIEGO (CNS) - A man was hospitalized in San Diego Saturday morning after being seriously injured when he laid down in front of his friend's car during an argument and was run over, authorities said Saturday.The incident occurred at 11:15 p.m. Friday in the 5800 block of Market Street in the Emerald Hills neighborhood, according to Officer John Buttle with the San Diego Police Department.The victim argued with his friend and in an attempt to get his friend's attention, he laid down in the street in front of a car the suspect was driving and was run over, Buttle said.A friend of the victim called 911 to report the incident and the suspect got out of the car and took the friend's cell phone and told the 911 operator the victim had laid down intentionally in front of his car, then the suspect drove away from the scene, said Buttle.The victim was transported to a hospital with serious, but not life-threatening injuries, he said.MAP: Track crime happening in your neighborhoodThe suspect's vehicle is a 2001 burgundy Mazda 4-door with California license plate number 7XNW211. 1095

SAN DIEGO (CNS) - A man was stabbed six times in the back Friday in a carport in an alley in Pacific Beach, leading to the arrest of an 18-year-old.The 30-year-old victim met two male suspects on the trolley in Old Town and about 3:30 p.m. the trio went, for unknown reasons, to the south alley in the 1100 block of Thomas Avenue, according to San Diego police Officer Robert Heims.Related: Ex-Marine pleads guilty to killing Navy veteranThe victim and one of the suspects were in a carport while the other suspect stood in the alley, Heims said."A short time later the suspect runs out of the carport and meets the other suspect and they run away southbound in the alley," Heims said.Related: Teen inspired by jihadist videos kills boy"The victim was stabbed six times in the back."The wounded man was taken to a hospital for treatment of non-life-threatening injuries, Heims said.Police soon after responded to a fight at the intersection of Thomas Avenue and Mission Boulevard and determined that one of those suspected of involvement in the fight was the suspect in the stabbing.The suspect, identified as Anthony Valenzuela, was arrested for allegedly stabbing the 30-year-old man in the carport, Heims said. 1226

SAN DIEGO (CNS) - Authorities today publicly identified a U.S. Border Patrol agent who fatally shot a Mexican national last month during a scuffle just north of the international line in San Ysidro.Ryan Gonsalves, a nine-year member of the federal agency who is assigned to its Imperial Beach station, opened fire on 30-year-old David Angel Villalobos-Baldovinos early on the evening of Oct. 23 near Las Americas Premium Outlets mall on Camino De La Plaza, according to the San Diego Police Department.The events that led to the deadly gunfire began about 5:45 p.m., when Villalobos-Baldovinos allegedly tried to enter the United States illegally and was confronted by Gonsalves, SDPD Lt. Andra Brown said.When the agent tried to detain Villalobos-Baldovinos, a struggle broke out. During the fracas, the lawman shot the suspect once in the upper body.Gonsalves suffered minor injuries during the fight, Brown said. The SDPD Homicide Unit was called in to investigate the case, as is standard protocol in all instances of law enforcement shootings in the city.The findings of the probe will subsequently be reviewed by the U.S. Attorney's office, the lieutenant said. 1175

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