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SAN DIEGO (AP) — A San Diego military court hearing has been postponed in the case of a Navy SEAL accused of killing an Islamic State prisoner in Iraq. The defense had been expected to seek dismissal of the case Wednesday but instead asked for a continuance, which the judge granted. 292

SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990

San Diegans living in their cars and recreational vehicles rallied Wednesday against a new city law that places steep restrictions on where they can stay.The City Council passed the emergency restriction in May after residents complained about safety concerns with people living in their cars.The law bans people from living in their vehicles near homes or schools, and blocks them from staying almost everywhere in the city between 9 p.m. and 6 a.m."Homeless could by anybody, it doesn't mean we're criminals," said Robert Ewing, who lives in his R.V. "Just because we ain't got no place to stay. Times are hard."The law went into effect in June, about the same time the city opened a new safe parking lot for R.V's next to SDCCU Stadium in Mission Valley. The lot, however, has largely gone unused. People who live in their vehicles describe concerns over gas mileage, location and a rule requiring them to be out by 7 a.m.Meanwhile, Disability Rights California is challenging the ordinance in court. A spokeswoman for the mayor says the city is committed to providing individuals living out of their vehicles a safe place to park at night, while connecting them to supportive services.At the same time, she says the city is committed to keeping its neighborhoods clean and safe. 1291

SAN DIEGO (AP) — Marine Corps prosecutors were meeting Tuesday to try and save its cases against 13 Marines accused of crimes tied to a human smuggling and drug investigation after a military judge ruled it was illegal to make the videotaped arrests made during a battalion formation while leaders called them “a cancer” and “bad Marines.”Maj. Kendra Motz said prosecutors at Marine Corps Camp Pendleton were exploring their options, but she did not know what they were considering.The judge, Marine Col. Stephen Keane, gave prosecutors until Nov. 25 to offer a way to remedy the situation.When ruling Friday, Keane agreed with defense attorneys that commanders violated the rights of the accused when they pulled the Marines out of a morning battalion formation of 800 troops at Camp Pendleton July 25 and accused them of the crimes in front of their unit, 1st Battalion, 5th Marines.The actions amounted to unlawful command influence, Keane said. That is when commanders use their positions of power to affect a case and compromise the ability for a fair trial.If the prosecution cannot remedy the situation, the court would be left with only one option: dismissing the charges, he said.Defense attorneys for some of the Marines have asked for charges to be dismissed. They say the public display would make it difficult to find an impartial jury pool and guarantee a fair trial.The Marine Corps filmed the arrests. The video was obtained by the San Diego Union-Tribune.The Marine Corps said in a statement when the newspaper obtained the video that it was made to document the arrest “in an unbiased, non-editorialized manner.”The video is for official use only and would not be released, Motz said. Prosecutors declined to be interviewed, saying they do not comment on pending cases.The military personnel are accused of various crimes from migrant smuggling to drug-related offenses, but officials have not said exactly how they were involved.U.S. Border Patrol officials say smuggling rings have been luring U.S. troops, police officers, Border Patrol agents and others to work for them as drivers — a crucial component of moving migrants further into the United States once smugglers get them over the border from Mexico.None of the Marines are accused of bringing immigrants across the border. 2309

The line is available Monday through Friday from 7 a.m. to 11 p.m., Saturdays from 7 a.m. to 3 p.m. and Sundays from 7 a.m. to 9 p.m. By the end of the year, the state expects that the call center will be available 24/7. In peer-run or peer-to-peer programs, someone who has personally gone through similar mental health challenges provides support to callers. “Too many Californians are struggling with mental health and emotional well-being challenges. Peer-to-peer support is a proven way of helping people stay healthy and get the help they need. The California Peer-Run Warm Line is an important resource for so many people, and I’m thrilled we were able to get it funded,” said State Senator Scott Wiener (D-San Francisco.)The line was made possible through the state budget allocation of .8 million, which will be spread over three years. The debut of the line comes days before Thursday's World Mental Health Day. 1245