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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 & KGTV) -  Police believe a woman who crashed her car into a home in Talmadge  was intoxicated at the time.The crash happened about 2:30 p.m. Saturday at a home on Winona Avenue near Lucille Drive, according to San Diego police.A 23-year-old woman was driving her 2017 Honda on Winona Avenue at a high speed when she veered off the road and ran into the corner of a nearby home, according to San Diego Police Officer Robert Heims. The woman suffered serious head injuries and fractures to her right leg, and had to be taken to a hospital.No one in the home was injured.Police processed the driver for allegedly driving under the influence, Heims said.A building engineer was called in to assess structure damage, and the Red Cross helped with two residents displaced by the crash, San Diego Fire-Rescue spokesman Jose Ysea said. 880

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

Sales are surging at Stoddard’s Range and Guns. Long lines pack the Atlanta shooting range with people buying guns and ammunition.Co-owner Ken Baye says sales have soared since mid-March, when the pandemic hit.Now, he’s seeing a second wave of interest with more people now looking to learn how to use a firearm.That includes people like Michelle DeShields, an elementary school counselor. She's aiming to increase her personal safety during these uncertain times.“It’s just been scary with police brutality that we are looking at, even the protesting sometimes, you see it’s gotten a little out of hand,” she said.The National Shooting Sports Foundation reports background checks for firearms purchases saw record highs in April and May.And that millions of those people are new gun owners.DeShields' father was a military veteran and a police officer. So, she grew up with guns but never learned to use one until now.“I do feel like guns used safely for protection and they are a good thing,” she said.Though, her gun is something she hopes to never have to use outside of a shooting range. 1100

SAN DIEGO (CNS) - A 27-year-old man is recovering Sunday after being shot in the back in the Mountain View area , police said.A verbal argument between two groups Saturday in the 200 block of Southlook Avenue, which started just before 9 p.m., escalated into a violent encounter, according to Officer Robert Heims of the San Diego Police Department."During the fight someone fired multiple shots into the crowd," he said. "Everyone fled the scene after the shots were fired."An 18-year-old man was detained and later arrested, Heims said.San Diego Police Gang Detectives are currently investigating the case.The victim's injuries don't appear to be life threatening, authorities said.Anyone with information about the shooting is encouraged to call Crime Stoppers at 888-580-8477. 788