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SAN DIEGO (AP) — A Navy SEAL committed murder during a deployment to Iraq and the proof is in his own words, his own photos and the testimony of his fellow troops, a military prosecutor told a jury Monday.Cmdr. Jeff Pietrzyk said in closing arguments of a court-martial that text messages by Special Operations Chief Edward Gallagher show he is guilty of fatally stabbing a wounded Islamic State prisoner on May 3, 2017.One message said: "I've got a cool story for you when I get back. I've got my knife skills on." Another text stated: "Good story behind this. Got him with my hunting knife."As he showed a photo of the dead prisoner with Gallagher holding up his head by the hair, the prosecutor said, "Those are his words."The prosecutor said one SEAL who changed his story and claimed to have killed the prisoner himself was lying to protect Gallagher."The government's evidence in this case is Chief Gallagher's words, Chief Gallagher's pictures, Chief Gallagher's SEALs," Pietrzyk said.The prosecutor said he wouldn't try to argue sympathy for the teenage prisoner, who had been wounded in an air strike."Before the air strike, he would have done anything in his power to kill an American," Pietrzyk said.But he said the prisoner was not a lawful target."We're not ISIS. When we capture someone and they're out of the fight, that's it. That's where the line is drawn," Pietrzyk said.Gallagher, 40, has pleaded not guilty to murder and allegations that he shot civilians and a violation involving posing with the corpse for photographs.Defense lawyer Tim Parlatore began his closing argument the same way he started the trial. "This is case is not about murder, it's about mutiny." Parlatore said.The attorney said there's no body, no forensics, and the SEALs who testified against Gallagher lied because they didn't like his demanding leadership.Parlatore also addressed the testimony of Special Operator Corey Scott, who said he saw Gallagher stab the prisoner in the neck but stunned the court when he said he was the one who ultimately killed the prisoner by plugging his breathing tube with his thumb as an act of mercy.The defense attorney contended that investigators never asked Scott about the cause of the death, which is why they were surprised by his testimony."They didn't even listen to their own witness," Parlatore said.A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, a 19-year veteran on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill.During the trial, it was revealed that nearly all the platoon members readily posed for photos with the dead prisoner and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Nearly a dozen SEALs testified over two weeks. Most were granted immunity to protect them from being prosecuted for acts they described on the stand.Seven SEALs said Gallagher unexpectedly stabbed the prisoner, moments after he and the other medics treated the 17-year-old boy. Two, including Scott, testified they saw Gallagher plunge his knife into the prisoner's neck.An Iraqi general who handed the wounded prisoner to the SEALs testified that Gallagher did not stab the boy. And Marine Staff Sgt. Giorgio Kirylo said after the militant died that he moved the body to take a "cool guy trophy" photo with it and saw no stab wounds on his neck.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the reenlistment ceremony and not reporting the alleged stabbing. 3561

SAN CLEMENTE ISLAND (CNS) - Gov. Gavin Newsom ordered that flags at the state Capitol be flown at half-staff Tuesday in honor of the eight Marines and one Navy sailor who died when an amphibious assault vehicle sank during a training mission last week near San Clemente Island."Jennifer and I were heartbroken to learn of the loss of nine service members in an accident off San Clemente Island," Newsom said in a statement. "It is a painful reminder of the sacrifice of members of our armed forces, who put their lives on the line for us. We stand united in mourning with their families and fellow Marines and sailors."The amphibious troop-transport vehicle was en route to a waiting ship about 80 miles off the coast of Encinitas about 5:45 p.m. last Thursday when it started taking on water for unknown reasons, according to Lt. Gen. Joseph Osterman, commanding general of 1st MEF.Seven members of the Camp Pendleton-based crew survived the accident. Medics took two of them to Scripps Memorial Hospital La Jolla, where both were admitted in critical status. One was upgraded to stable condition as of Sunday night, Marine officials said.The other five rescued Marines received clean bills of health and returned to their units.Lance Cpl. Guillermo S. Perez of New Braunfels, Texas, was pronounced dead at the scene of the accident. Perez was a rifleman with Bravo Company, Battalion Landing Team 1/4, 15th Marine Expeditionary Unit.The 15th MEU, 1st Marine Expeditionary Force and Makin Island Amphibious Ready Group worked for nearly two days to locate more survivors, but they concluded the search-and-rescue operation Saturday after 40 hours of searching across 1,324 square miles.The other eight lost service members were identified as:-- Pfc. Bryan J. Baltierra, 18, of Corona, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Lance Cpl. Marco A. Barranco, 21, of Montebello, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Christopher Gnem, 22, of Stockton, a Navy hospital corpsman with Bravo Company, BLT 1/4, 15th MEU-- Pfc. Jack Ryan Ostrovsky, 21, of Bend, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Cpl. Wesley A. Rodd, 23, of Harris, Texas, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Lance Cpl. Chase D. Sweetwood, 19, of Portland, Oregon, a rifleman with Bravo Company, BLT 1/4, 15th MEU-- Cpl. Cesar A. Villanueva, 21, of Riverside, a rifleman with Bravo Company, BLT 1/4, 15th MEUThe 26-ton amphibious vehicle went down more than 1,000 yards from a beach on the northwest side of the San Clemente Island in water several hundred feet deep.The deadly accident will be the subject of an exhaustive investigation, according to USMC officials. The Undersea Rescue Command will use an underwater drone to search for the missing victims' remains, with support from supply ship HOS Dominator, military officials said."Our thoughts and prayers have been, and will continue to be with our Marines' and sailor's families during this difficult time," said Col. Christopher Bronzi, commanding officer of the 15th MEU. "The steadfast dedication of the Marines, sailors and Coast Guardsmen to the persistent rescue effort was tremendous."In a prepared statement released Monday, U.S. Secretary of Defense Mark Esper said "(a) grateful nation and the Department of Defense grieves the tragic loss ... of these brave young men.""Their service, commitment and courage will always be remembered by the nation they served," Esper said. "While the incident remains under investigation, I want to assure our service members and their families that we are committed to gathering all the facts, understanding exactly how this incident occurred and preventing similar tragedies in the future."San Clemente Island, one of the eight in the Channel Islands archipelago, is owned by the U.S. Navy and lies within the boundaries of Los Angeles County. Its military uses are administered by Naval Base Coronado. 4036

SAN DIEGO (KGTV)- A spokesperson for the County of San Diego said over two days, they have received approximately 580 complaints of businesses and entities not following the proper restrictions under the purple tier.The county has already sent out dozens of cease and desists orders since Monday. That includes at least two churches, Foothills Christian Church and Awaken Church, but the warnings are not stopping some churches from shutting down indoor operations.Since the pandemic began, Awaken Church has received two cease and desist letters. Once in July for its Balboa Campus, and the latest on Monday for the Carlsbad location, but it appears the church has no intentions of shutting down indoor services.A statement posted on the church’s website said in part, “In keeping our First Amendment right, we will continue to minister to those who are the most affected by all the COVID-19 lockdowns. Specifically tending to those who are struggling with depression, anxiety, hopelessness, suicidal thoughts, and addiction.”Bishop Arthur Hodges is a Senior Pastor at South Bay Pentecostal Church. As bishop, he oversees more than 100 churches in Southern California, including 25 in San Diego County.“About 50 percent are electing to remain indoors for worship,” he said. “About 30 percent are outdoors, and 20 percent are online only.”Hodges has taken the fight to stay open to the U.S. Supreme Court once, and it about to again, hoping a ruling could benefit all houses of worship nationwide.“We are filing either today or tomorrow back in the Supreme Court to reopen churches and for our constitutional guarantees to be recognized,” he said. “We are hopeful for an expeditious ruling, and we think it’ll be favorable to churches, and that’ll affect churches not only in California but across the nation.”A county spokesperson said if a cease and desist order is ignored, the next step would be a closure order. After that, law enforcement is asked to get involved by giving citations with a thousand dollar fine for each violation; then the case goes to either the San Diego District Attorney or City Attorney.In a video posted to the Awaken Church website in August, two church pastors explained why they believe religious services are essential, explaining the risks to their congregants’ mental health.It’s something we’ve heard from other religious leaders, like the lead pastor of Skyline Church, Dr. Jeremy McGarity.“We can’t stand by and not help people,” said McGarity. “We realized we can protect the most vulnerable and have services at the same time. We saw the huge rate of suicide ideation that went through the roof.”Hodges said he understands the pandemic is serious and can be deadly.“One of my daughters is a nurse at a local San Diego hospital and works with COVID patients, and I have two very near and dear personal friends who have died of COVID, so we know this is real, but we need to keep things in balance and perspective,” said Hodges.He urges every house of worship to take the necessary precautions but believes churches can stay open and stay safe at the same time.“We have zero cases, zero cases in our local church as a result of being on the church campus,” he said. “Churches are absolutely essential.”ABC 10News reached out to both Awaken Church and Foothills Christian Church for comment but have not yet heard back. 3366

SAN DIEGO (AP) -- Eric Hosmer hit a historic shot that made San Diego the first team in the majors to launch grand slams in four straight games, and the Padres needed an unearned run in the 10th inning for a wild, 8-7 win over the Texas Rangers.The Padres swept the four-game, home-and-home series, with a slam in each one. Hosmer's go-ahead shot against Kyle Gibson with one out in the fifth inning bounced off the top of the right field wall and into the seats for a 5-2 lead.Earlier this week, Fernando Tatis Jr., Manny Machado and Wil Myers slammed the Rangers.The Padres' 5-2 lead would not last, as reliever Michel Baez gave up a three-run double to Danny Santana in the top of the 7th. Texas grabbed a 6-5 lead one inning later on a Jose Trevino RBI single.San Diego regained the lead in the bottom of the eighth inning, thanks to back-to-back homers from Ty France and Austin Hedges.Emilio Pagan was sent in to close the game in the top of the ninth, but Nick Solak tied the score at 7-7 with a solo shot to right center.The game went to the 10th inning, and after the Rangers were unable to score in the top half of the frame, Jake Cronenworth's single to center slipped past the glove of outfielder Scott Heineman, allowing Myers to score from second base for the victory. 1290

SAN DIEGO — A San Diego-based stem cell research institute believes its discovery may have saved the life of a COVID patient on death's doorstep.GIOSTAR infused a 53-year-old man in a coma with Mesenchymal stem-cells taken from an umbilical cord. Prior to that, all other treatments were failing. "He was having a stroke, he was under dialysis, liver function was declining," said Dr. Anand Srivastava, co-founder of GIOSTAR. "Nothing was working."The patient, whose identity is not being released due to privacy laws, had been in a coma in a New Jersey hospital. GIOSTAR got special clearance from the Food and Drug Administration to try the stem-cell treatment. Srivastava said the patient began to recover, gradually over three weeks. "Slowly, his renal and liver function came closer to normal," he said. "He came out from the intubation, and now he is talking."The family, in an interview with GIOSTAR, said they had lost all hope. Srivastava said this treatment could be key as society awaits a vaccine. GIOSTAR is planning to do a double-blind study to confirm its conclusions about its treatment. It says that study should take about three months. 1164