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SAN DIEGO (AP) — A federal judge has knocked down a cornerstone border policy of the Trump administration that denies asylum to people who travel through another country to reach the Mexican border without first seeking protection in that country. Judge Timothy Kelly says authorities violated federal rule-making procedures by not seeking public feedback before putting the policy into effect in July 2019. A week ago, the Supreme Court ruled that the government can deport some people seeking asylum without allowing them to make their case to a federal judge. The decision applied to people who fail their initial asylum screenings, making them eligible for quick deportation, or expedited removal.The immediate impact of the judge's ruling on Tuesday is diminished by a coronavirus pandemic-related measure to quickly expel people who cross the border illegally and block asylum-seekers at official crossings. 921

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) — California hospitals are facing increasingly difficult decisions about which services to postpone amid a crushing load of coronavirus patients. Intensive-care beds are full in Southern California and the Central Valley, and hospitals elsewhere are nearing capacity. Gov. Gavin Newsom has yet to threaten the type of shutdown of elective surgeries that occurred in March and April. But some health care professionals and patient advocates are trying to quell any possibility, telling him in a letter it will it lead to bad outcomes for patients. Meantime, hospitals are doing what they can to create space. At UC San Diego Health, COVID-19 has delayed treatment for more than 30 patients in the last three months, mostly orthopedic procedures. 767

SAN DIEGO — President Donald Trump is scheduled to visit San Diego on Tuesday to speak with military officials — and likely catch a glimpse at samples for his long-promised border wall.Trump has not visited California since he was sworn into office. Since then, he has criticized the state's enforcement of federal immigration laws and "sanctuary state" policies.The visit has been rumored for some time now and occurs a week after Attorney General Jeff Sessions visited Sacramento to announce a lawsuit against the state over immigration policies.Governor Jerry Brown said the lawsuit was the Trump administration's way of "going to war against the state of California."Here's what to expect:WHEN AND WHERE...President Trump is expected to fly to MCAS Miramar before heading to Otay Mesa on Tuesday, March 13.WHAT...While at MCAS Miramar, President Trump is set to speak with Marines. In Otay Mesa, Trump will likely tour the eight constructed border wall prototypes for his long-promised border wall.It's not clear whether the president will meet with Governor Jerry Brown, who sent a letter inviting Trump to the Central Valley to tour California's High-Speed Rail line under construction.PROTESTS...Demonstrators in support of and against the border wall are expected to gather in the allowed zones around the Otay Mesa prototype zone.A list of items will be prohibited by likely demonstrators during the presidential visit in Otay Mesa, including any object that could be used as a weapon. Sheriff's deputies will make anyone in possession of those items return them to their vehicles or dispose of them prior to entering the restricted area.An anti-wall rally is also scheduled to be held near the IRS federal building in downtown San Diego Tuesday. 1798

SACRAMENTO, Calif. (KGTV) — California will require people to wear face coverings in most indoor settings and outdoors when physical distancing isn't possible.Gov. Gavin Newsom had previously allowed counties to set their own requirements for facial coverings to slow the spread of the coronavirus. San Diego, Los Angeles, and San Francisco already have face-covering mandates in effect. "Simply put, we are seeing too many people with faces uncovered – putting at risk the real progress we have made in fighting the disease," Newsom said. "California’s strategy to restart the economy and get people back to work will only be successful if people act safely and follow health recommendations. That means wearing a face covering, washing your hands, and practicing physical distancing."RELATED: New UCSD study: Wearing masks significantly curbs spread of COVID-19California's cloth face covering mandate includes situations like:While outdoors in public spaces when maintaining a physical distance of six feet from persons who are not members of the same household or residence is not feasible.Inside of, or in line to enter, any indoor public space;Obtaining services from the healthcare sector in settings including, but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank;Waiting for or riding on public transportation or paratransit or while in a taxi, private car service, or ride-sharing vehicle;Engaged in work, whether at the workplace or performing work off-site, when:Interacting in-person with any member of the public;Working in any space visited by members of the public, regardless of whether anyone from the public is present at the time;Working in any space where food is prepared or packaged for sale or distribution to others;Working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities;In any room or enclosed area where other people (except for members of the person’s own household or residence) are present when unable to physically distance.Driving or operating any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle when passengers are present. When no passengers are present, face coverings are strongly recommended.RELATED: San Diego County exceeds community outbreak limit, forcing pause on reopeningsThe state's order exempts:Children under 2 years old; Individuals with medical, mental health or developmental disability that prevents wearing a face covering;Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication;Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service;Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence;Persons who are engaged in outdoor work or recreation such as swimming, walking, hiking, bicycling, or running, when alone or with household members, and when they are able to maintain a distance of at least six feet from others;Persons who are incarcerated. Prisons and jails, as part of their mitigation plans, will have specific guidance on the wearing of face coverings of masks for both inmates and staff.As of Wednesday, California reported 157,015 coronavirus cases and more than 5,200 deaths from the virus.RELATED: Some San Diegans push for end of San Diego County face mask requirement 3926

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