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SAN DIEGO (AP) — Three solo home runs were enough to power the San Diego Padres past the Miami Marlins.Franmil Reyes, Hunter Renfroe and Ian Kinsler homered, and left-hander Joey Lucchesi combined with two relievers on a four-hitter for his first victory in six starts to lead the San Diego Padres to a 5-2 victory Friday night."We thrive with the long ball and we've got the guys who can hit them," manager Andy Green said. "You have to embrace who you are. We've got a lot of slug as a club. It's nice when you get guys on base and hit two- and three-run homers, but solos did it today."Lucchesi certainly enjoyed the power display."I love it. I love when guys hit them," the big lefty said. "It makes them feel good, it makes us feel good. It's great."Lucchesi (4-3) hadn't won since beating Cincinnati at home on April 21. He retired his first seven batters before allowing a double by Miguel Rojas in the third. He then retired eight straight before allowing a home run by pinch-hitter Rosell Herrera with one out in the sixth. Lucchesi struck out five and walked one.Craig Stammen pitched 1 2/3 hitless innings, Phil Maton allowed two singles to open the Marlins' ninth and Kirby Yates came on to get the final three outs for his 22nd save, best in the majors.Herrera was pinch-hitting for lefty Caleb Smith (3-3), who lost his third straight decision after allowing two runs and three hits in five innings. He struck out eight and walked two."I thought he threw the ball really well," manager Don Mattingly said. "Gives up the two solos, but I think we saw the finish that we talked about before, more swing and miss. Definitely a lot better out of Caleb tonight."The Padres "don't really chase too far out of the zone," Mattingly said. "They've got swing and miss but they don't chase all over the place, so there were a lot of deep counts and you've got to make pitches, so we know they're dangerous from that standpoint."Reyes homered on a line shot to left with one out in the first, his 16th. Renfroe hit a moonshot into the second balcony on the Western Metal Supply Co. Building in the left-field corner with one out in the fourth for his 15th."I felt like my stuff was pretty good," Smith said. "Just made a couple mistakes and I've got to stop giving up the long ball."Kinsler homered off Austin Brice with one out in the seventh for his seventh. 2370

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) - 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 DIEGO — San Diego County is falling into the state’s most restrictive tier of Coronavirus restrictions, just as holiday shopping season kicks off.Under the purple tier, retailers are limited to 25 percent capacity in their stores, down from 50 percent that they had been operating under.Ariel Hujar, who owns the Whiskey and Leather boutique at One Paseo, stocked up on all sorts of gifts for the holidays, including books, cocktail shakers and card games.“We prepare, we buy extra so if we don't sell it during this time it's really hard on us,” she said.The new tier is the latest turn in a topsy turvy year that has seen retailers go from curbside pickup only to 50 percent in store capacity, cut to 25 percent. The new tier takes effect at midnight Saturday "It doesn't help me to be angry about the loss of business," said Nancy Warwick, owner of Warwick's bookstore in La Jolla. "What we can do is just do our best right now and hope that customers still support us."At Grossmont Center's Prevue Formal and Bridal, General Manager Caitlin Todd said walk-ins could soon have to be turned away. While bridal sales are up, sales of prom dresses are down 90 percent.“It's been kind of just hanging on tight and figuring it out day by day,” Todd said. “We do have to create a new way of setting up our store, but that's just what everyone's used to doing now - changing everything."Miro Copic, a marketing professor at San Diego State University, said social media marketing and offering discounts of even 5 to 10 percent could make the difference.“For some of these retailers it will be a decision between life and death, of, will their business go forward, and are they willing to break even to ensure that they continue, versus trying to make sure they eke out a profit,” he said.The state says jobs in the county's general merchandise retail stores are down about 12 percent from a year ago. 1908

SAN BERNARDINO, Calif. (AP) — A jury on Monday recommended the death penalty for a Southern California man convicted of killing a family of four with a sledgehammer and burying their bodies in shallow desert graves.Jurors in San Bernardino made the recommendation for Charles "Chase" Merritt, 62, in a case that puzzled investigators for years after a couple and their two young sons vanished from their home in 2010. Their bodies were found three years later.Merritt supported his head on his fists and closed his eyes as the verdicts were read. He also spoke briefly to his attorney.He was convicted this month of the murders of his former business associate Joseph McStay, McStay's wife Summer, and their 4- and 3-year-old sons, Gianni and Joseph Jr.Merritt had pleaded not guilty and his lawyers didn't offer witnesses during the penalty phase of his trial, insisting he is innocent.San Bernardino County Superior Court Judge Michael A. Smith set a Sept. 27 hearing to formally sentence Merritt. He thanked the jurors after the verdicts were read, saying he knew the decision was "extremely difficult."Authorities said they believed Merritt killed the family as McStay was cutting him out of his business making and selling custom water fountains. When the family disappeared, there were no signs of forced entry at their San Diego County home and their car was found parked at a strip mall near the Mexico border.For years, no one could figure out what happened to them. In 2013, their bodies were found in shallow graves in the desert after an off-road motorcyclist discovered skeletal remains in the area. Authorities also unearthed a rusty sledgehammer that they said was used to kill the family.Merritt was arrested the following year. Authorities said they traced his cellphone to the area of the desert graves in the days after the family disappeared and to a call seeking to close McStay's online bookkeeping account. Merritt also had referred to McStay in the past tense during an interview with investigators.Authorities concede the case against Merritt largely focused on circumstantial evidence and that questions remain about what happened at the McStay home.During the trial's penalty phase, prosecutor Britt Imes asked jurors to consider any possible motive for the killing of two young boys, whether they could have been witnesses to the murder of their parents or simply victims of callous killings."There is no motive that can be ascribed to the killer of a 4-year-old and a 3-year-old that passes muster," he said.Merritt's attorneys didn't call any witnesses during the penalty phase, instead appealing to any lingering doubts jurors may have had about killings they say their client didn't commit."From the very beginning, this case screamed doubt," defense attorney Raj Maline told jurors. "This case is filled with unanswered questions."California has not executed anyone since 2006. Voters approved a ballot measure to speed up executions in 2016, but Gov. Gavin Newsom this year placed a moratorium on executions while he's in office. 3072