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SAN DIEGO (AP) — The Navy has denied a request for clemency and upheld a military jury's sentence that will reduce the rank of a decorated Navy SEAL convicted of posing with a dead Islamic State captive in Iraq in 2017.A spokesman for naval operations, Cmdr. Nate Christensen, said Tuesday that Adm. Mike Gilday made the decision after careful review of the trial and the clemency request by lawyers for Edward Gallagher.Gallagher's lawyer, Timothy Parlatore, says they are disappointed and only a presidential tweet could change things. He says Gallagher will now lose up to 0,000 when he retires because of his loss of rank.RELATED: Navy SEAL Edward Gallagher demoted a rank, docked pay for four monthsA military jury acquitted Gallagher this summer of murder in the killing of the wounded captive and other charges. 829

SAN DIEGO — The banner atop North Park’s Rudford’s Restaurant reads, “Stand up small business.”The word defy is written just below.Defy is exactly what father-and-son team Jeff and Nicholas Kacha planned to do over the weekend - until the community got word. They planned to continue serving food indoors even though the county on Saturday moved into the state’s most strict tier of coronavirus restrictions - the purple tier. But they were faced with threats of broken windows, picketing and lost customers.“It's been a nightmare that just keeps getting worse,” Jeff Kacha said.Redfords, which is not serving indoors, laid off 10 staffers at the news. Sales are down 40 percent. And the 60 turkeys they ordered for Thanksgiving may now not sell.Gov. Newsom says he remains concerned over the recent increase in the rate of coronavirus cases. The state on Monday moved 41 of the state's 58 counties into the purple tier.And even restaurants that look full outside say it hurts. At Puesto in La Jolla, the patio was busy all weekend, but co-founder Eric Adler wasn't celebrating“It looked full and it was full but that still translates to reduced revenue of around 30 percent for us,” he said.But other businesses weren't hit as hard.Point Loma Sports Club already had the bulk of its equipment outside under tents from earlier in the outbreak. When the county entered the purple tier, general manager Bryan Welch moved even more out for the members.“We may do this again two more times, four more times,” he said. "We're trying not to be shocked by it, we're just trying to adapt, and if you can adapt, we just feel like we can thrive.”The challenges, however, could grow as the weather cools into the winter months. 1724

SAN DIEGO (AP) - President Donald Trump is strongly defending the U.S. use of tear gas at the Mexico border to repel a crowd of migrants that included angry rock-throwers and barefoot, crying children.Critics denounced the action by border agents as overkill, but Trump kept to a hard line."They were being rushed by some very tough people and they used tear gas," Trump said Monday of the previous day's encounter. "Here's the bottom line: Nobody is coming into our country unless they come in legally."At a roundtable in Mississippi later Monday, Trump seemed to acknowledge that children were affected."Why is a parent running up into an area where they know the tear gas is forming and it's going to be formed and they were running up with a child?" the president asked.He said it was "a very minor form of the tear gas itself" that he was assured was "very safe."Without offering evidence, Trump claimed some of the women in Sunday's confrontation are not parents but are instead "grabbers" who steal children so they have a better chance of being granted asylum in the U.S.On Tuesday, U.S. authorities lowered the number of arrests during the confrontation to 42 from 69. Rodney Scott, chief of the Border Patrol's San Diego sector, said the initial count included some arrests in Mexico by Mexican authorities who reported 39 arrests.Scott also defended the agents' decisions to fire tear gas into Mexico, saying they were being assaulted by "a hail of rocks.""That has happened before and, if we are rocked, that would happen again tomorrow," he told reporters.The showdown at the San Diego-Tijuana border crossing has thrown into sharp relief two competing narratives about the caravan of migrants who hope to apply for asylum but have gotten stuck on the Mexico side of the border.Trump portrays them as a threat to U.S. national security, intent on exploiting America's asylum law. Others insist he is exaggerating to stoke fears and achieve his political goals.The sheer size of the caravan makes it unusual."I think it's so unprecedented that everyone is hanging their own fears and political agendas on the caravan," said Andrew Selee, president of the Migration Policy Institute, a nonpartisan think tank that studies immigration. "You can call it scary, you can call it hopeful, you can call it a sign of human misery. You can hang whatever angle you want to on it."Trump rails against migrant caravans as dangerous groups of mostly single men. That view figured heavily in his speeches during the midterm election campaign, when several were hundreds of miles away, traveling on foot.The city of Tijuana said that as of Monday, 5,851 migrants were at a temporary shelter, 1,074 were women, 1,023 were children and 3,754 were men, including fathers traveling with families, along with single men.The U.S. military said Monday that about 300 troops who had been deployed in south Texas and Arizona as part of a border security mission have been moved to California for similar work.The military's role is limited largely to erecting barriers along the border and providing transportation and logistical support to Customs and Border Protection.Democratic lawmakers and immigrant rights groups blasted the tactics of border agents."These children are barefoot. In diapers. Choking on tear gas," California Gov.-elect Gavin Newsom tweeted. "Women and children who left their lives behind — seeking peace and asylum — were met with violence and fear. That's not my America."U.S. Customs and Border Protection Commissioner Kevin McAleenan said the administration's concerns about the caravan "were borne out and on full display" Sunday.McAleenan said hundreds — perhaps more than 1,000 — people attempted to rush vehicle lanes at the San Ysidro crossing. Mexican authorities estimated the crowd at 500. The chaos followed what began as a peaceful march to appeal for the U.S. to speed processing of asylum claims.McAleenan said four agents were struck with rocks but were not injured because they were wearing protective gear.Border Patrol agents launched pepper spray balls in addition to tear gas in what officials said were on-the-spot decisions made by agents. U.S. troops deployed to the border on Trump's orders were not involved in the operation."The agents on scene, in their professional judgment, made the decision to address those assaults using less lethal devices," McAleenan told reporters.The scene was reminiscent of the 1980s and early 1990s, when large groups of migrants rushed vehicle lanes at San Ysidro and overwhelmed Border Patrol agents in nearby streets and fields.The scene on Sunday left many migrants feeling they had lost whatever possibility they might have had for making asylum cases.Isauro Mejia, 46, of Cortes, Honduras, looked for a cup of coffee Monday morning after spending Sunday caught up in the clash."The way things went yesterday ... I think there is no chance," he said.Mexico's Interior Ministry said in a statement it would immediately deport the people arrested on its side of the border and would reinforce security.Border Patrol agents have discretion on how to deploy less-than-lethal force. It must be "objectively reasonable and necessary in order to carry out law enforcement duties" and used when other techniques are insufficient to control disorderly or violent subjects.___Long reported from Washington. Associated Press writers Robert Burns in Washington; Julie Watson in San Diego; Jill Colvin in Biloxi, Miss.; and Christopher Sherman in Tijuana, Mexico, contributed to this report. 5562

SAN DIEGO (CNS) - A former Torrey Pines High School student who posted threats targeting the school on his Instagram account was sentenced Friday to a year in custody, with at least six months to be served at a residential alcohol and mental health treatment facility.Kevin Matlak, 21, pleaded guilty last month to one count of making a criminal threat.Superior Court Judge Polly Shamoon placed Matlak on five years probation and ordered him to stay away from Torrey Pines High and have no contact with three people named in a criminal complaint.RELATED: Former Torrey Pines student faces judge in online threats caseDefense attorney Brian Watkins said Matlak didn't threaten anyone directly, but three former classmates -- whom the defendant didn't know -- read his posts on Instagram and felt threatened by them.The classmates of Matlak's who graduated in 2015 reported the threats to law enforcement on May 30, leading to his arrest."I hate all of you," Matlak wrote in one post, according to Deputy District Attorney Matthew Greco.RELATED: Former Torrey Pines High School student seeking psychiatric help after online threat"Get the (expletive) out of San Diego 2K18 before I find u," the defendant wrote in another post. Matlak also posted a photo of him holding an AR-15 rifle in one hand and giving the middle finger with the other hand, Greco said.The principal of Torrey Pines High School wrote a letter to the court, detailing how the threats impacted him and his assistant principals, knowing that the person making the threats had not been arrested and knowing that they could be in harm's way after they made the decision to keep the school open the next day. 1690

SAN DIEGO (CNS) - A 19-year-old accused in the fatal beating of a 56- year-old man near a pedestrian bridge behind Petco Park was ordered Friday to stand trial on a murder charge, though a torture count was dismissed by a judge.Dominick Wells is accused in the Nov. 18, 2018, beating of Edward Starland, who was left comatose following the attack allegedly perpetrated by Wells and four juveniles. The juveniles -- two girls and two boys -- face unspecified charges in an ongoing juvenile court case.Witnesses said Starland had been fighting with a group of young people the afternoon of Nov. 18 before he was thrown down and beaten. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.RELATED: Man dies after attack near Petco Park; four teens arrestedStarland never regained consciousness and was placed on life support. He died Dec. 3 at Scripps Mercy hospital.A cell phone video recorded by a bystander was shown during Wells' preliminary hearing and captures Starland, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starland lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down by Wells and the juveniles, who begin punching and kicking him as he's on the sidewalk.RELATED: No charges filed against teen charged in Petco Park beatingWells' attorney, Stewart Dadmun, argued that Starland was the aggressor. The attorney said Starland made lewd comments to a 14-year-old girl in Wells' group, then threatened Wells and the others with violence, including lifting the bicycle into the air with the intention of dropping it onto Wells' head.Dadmun argued that Wells only wanted Starland to leave them alone and that the victim had been harassing them for some time prior to the events shown in the video.Deputy District Attorney Mary Loeb argued that self-defense did not apply because Wells advanced upon Starland to knock him to the ground. She noted that after Starland tosses the bike to the ground, he appears to back up a few steps before being attacked.RELATED: Arrests made in attack near Petco Park that left man with serious injuriesA medical examiner testified that Starland's death was the result of a heart attack, which could have been caused by stress or trauma from the fight. He also suffered from cardiac disease, the examiner testified, which Dadmun argued made it unclear whether the heart attack could be definitely stated as a result of the altercation with Wells.Superior Court Judge Yvonne Campos said "both adults played a role in this."Though she found insufficient evidence to hold Wells on the torture count, Campos said she could not overlook the nature of what ensued after Starland was taken to the ground."Once the victim was down on the ground, the continuing rampage against him is not something I can set aside," the judge said.Wells remains held on million bail and is due to return to court May 23 for a Superior Court arraignment. 3120