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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) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161

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 (CNS) - A firefighter suffered a minor hand injury Thursday morning while working to extinguish a fire that damaged a North Park business, authorities said.The blaze was reported around 5:30 a.m. at a single-story business on El Cajon Boulevard near Illinois Street, just west of Interstate 805, according to the San Diego Fire-Rescue Department.Crews responded to the scene and found smoke and flames coming from the roof of the building, the agency reported. No one was inside the building at the time and firefighters knocked down the flames within about 20 minutes.One firefighter was taken to Sharp Memorial Hospital for treatment of a minor hand injury.The cause of the blaze was under investigation. 724

SAN DIEGO (AP) — Fans at the Holiday Bowl between No. 19 Iowa and No. 22 Southern California will be asked to do the “Iowa Wave” directed at patients in a children’s hospital in Iowa City as well as representatives from two children’s hospitals in Southern California who will be at the game on Dec. 27.The wave will replicate what has become a game-day salute at Hawkeyes home games to patients and family members at the University of Iowa Stead Family Children’s Hospital.The salute started on Sept. 2, 2017, when more than 70,000 fans stood at the end of the first quarter and waved to patients and families in the children’s hospital, which rises above Kinnick Stadium. The patients and families waved back. Ever since, players and coaches from both teams, game officials, and others working the games also join in the wave.RELATED: USC to face Iowa in Holiday BowlHoliday Bowl parade 2019: Where to watch, park downtownAt the end of the first quarter at the Holiday Bowl, everyone in the stadium will be encouraged to stand and wave toward the east end video board that will feature the children and families at the Iowa City hospital. Sitting below the video board will be representatives from Rady Children’s Hospital in San Diego and individuals from Children’s Hospital Los Angeles.FS1 plans to cover the event during the game broadcast so the children in Iowa City will see it.”I’ve been to a lot of college football games all around the country in my nearly 30 years with the bowl game,” bowl CEO Mark Neville said. “Without question, the Wave at Kinnick Stadium was the most incredible thing I’ve ever experienced at a game. I’m so grateful that our fans attending next week’s Holiday Bowl will get to participate in college football’s best and most moving tradition.“This might very well end up being the coolest moment in our bowl game’s history,” Neville said.Iowa is making its first trip to the Holiday bowl since 1991. 1944