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SAN DIEGO (CNS) - A 20-year-old man who pleaded guilty to a voluntary manslaughter charge for last year's fatal beating of a 56-year-old man near a pedestrian bridge behind Petco Park was sentenced Friday to six years in state prison.Dominick Wells admitted his role in the Nov. 18, 2018, beating of Edward Starlard, who was left comatose as a result of the attack by Wells and a group of juveniles.Three of the juveniles involved were also charged in juvenile court, with at least two of the minors pleading guilty so far, according to prosecutors.Witnesses said Starlard had been fighting with a group of young people the afternoon of Nov. 18 when he was thrown down and beaten unconscious, suffering injuries that included fractures to his face and ribs. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.Starlard was placed on life support and never regained consciousness. He died Dec. 3 at Scripps Mercy Hospital.A cell phone video recorded by a bystander captures Starlard, 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 Starlard lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down to the sidewalk by Wells and the juveniles, who begin punching and kicking him.A medical examiner testified that Starlard's death was the result of a heart attack, which could have been caused by stress or trauma from the fight.Prosecutor Mary Loeb asked San Diego County Superior Court Judge Amalia L. Meza to impose the maximum possible term of 11 years, stating that Wells had multiple opportunities to withdraw from the altercation, but chose instead to attack Starlard even after he put the bike down, then beat him while he was helpless on the ground.She also said that while both men bore responsibility for their roles in the argument, Wells landed the first blow, and only stopped when bystanders intervened."There was no indication that this was going to stop except for people running across the street, seeing what was happening and yelling at the defendant and his friends to stop," Loeb said, which highlighted "the viciousness of this attack."Wells' attorney, Stewart Dadmun, said his client rightfully defended himself against Starlard, who was attacking him, but was guilty of manslaughter for responding with excessive force.Dadmun said the altercation was sparked by Starlard making a lewd comment toward one of Wells' friends, a 14-year-old girl, then threatened to attack Wells and the teens.The attorney said that while the prosecutor noted Wells could have walked away, "It's also worth pointing out that a 56-year-old man could have walked away."Dadmun also noted Wells' young age and lack of prior criminal record in asking for a three-year prison term.Meza said she understood both men played a role in the fight, but said Wells responded with force that was "excessive, brutal and unnecessary when the victim was trying to retreat," and imposed the mid-term of six years.Wells was previously charged with murder in the attack, but that charge was dismissed when he entered his guilty plea in September. He was also previously charged with torture for beating Starlard after he'd been knocked to the ground, but a judge dismissed that count at Wells' preliminary hearing. 3437
SAN DIEGO (AP) — In Washington, it's all about the wall. At the border, it's only part of the story.Border authorities are struggling with outdated facilities ill-equipped to handle the growing increase in family migrants, resulting in immigrants being released onto the streets every day. The immigration court system is so clogged that some wait years for their cases to be resolved, and lacks funding to pay for basic things like in-person translators. An increase in sick children arriving at the border is putting a strain on medical resources.But the Washington debate has focused almost exclusively on the billion in wall spending that President Donald Trump wants. Other proposals being discussed keep the rest of the Homeland Security department funding at existing levels."The wall is a tool. Unfortunately even if it's implemented across the border it isn't a solution to all the problems," said Victor M. Manjarrez, a former Border Patrol chief with more than 20 years of experience, now a professor at the University of Texas-El Paso.Trump has suggested migrants won't bother to come if he gets his way, making other immigration issues less problematic. Walls and fencing currently blankets about one-third of the border — mostly built under President George W. Bush — and the president wants to extend and fortify them. But contracting, designing and building new wall systems complete with updated technology could take years.Trump met Friday with Congressional leaders who said the president threatened the shutdown could go on for "years." Trump later said he'd considered using executive authority to get a wall built on the border."You can call it a barrier, you can call it whatever you want," Trump said a day earlier, flanked by immigration union heads. "But essentially we need protection in our country. We're going to make it good. The people of our country want it."Meanwhile, the House passed a bill Thursday evening to fund the government without the billion, with new Democratic Speaker Nancy Pelosi calling the wall an "immorality."The debate overlooks major bottlenecks in the immigration system as more families and children traveling alone turn themselves in to authorities to seek asylum, instead of trying to elude capture as almost everyone did just a few years ago. In many cases, the current migrants are climbing existing border fence and seeking out agents to surrender to agents.The backlog in immigration courts has more than doubled to 1.1 million cases since shortly before Trump took office, according to Syracuse University's Transactional Records Access Clearinghouse. Families and children now account for about six of 10 Border Patrol arrests, but there are only about 3,300 family detention beds and the number of unaccompanied children in government care has soared under Trump.Border crossers are stuck in short-term holding cells for days and there has been a spike in sick migrant children, including two who died in custody.In addition, the wall will do little to address the issue of visa overstays — when immigrants come to the country legally and remain here after their papers expire. Authorities say there were nearly 740,000 overstays during a recent 12-month period.And border agents continue to struggle with growing numbers children and families. Officials say they are stopping about 2,000 people a day, more than 60 percent children and families, higher than during many periods under President Barack Obama. They referred 451 cases to a medical provider from Dec. 22 to Dec. 30, more than half children.David Aguilar, the Border Patrol chief from 2004 to 2010 and a former acting Customs and Border Protection commissioner, said agencies that oversee long-term immigration custody need more funding to immediately step in after the Border Patrol makes an arrest. He says the agency is "overwhelmed" in dealing with all the children and families coming across the border now, much different from 1990s and 2000s. And any wall"The demographics and the flows that are crossing the southern border are very different from the demographics and flows when we built the original walls ... back in 2006 and 2008," he said.Customs and Border Protection Commissioner Kevin McAleenan, testifying before the Senate Judiciary Committee last month, said stations were not built to manage the crush of families coming over. The wall was important, he said, but so were these other issues. He said they needed budgeting for medical care and mental health care for children in their facilities.Trump has significantly increased the number of immigration judges but, A. Ashley Tabaddor, president of the National Association of Immigration Judges, said it came without enough support staff. About a week before the shutdown, judges were told the courts ran out of money for many in-person translators and that, as a result, it would have to reach them telephonically. A hearing that might last three minutes would last 20 minutes.The shutdown is already having an impact on the immigration system. Courts were only functioning for those who were detained. Other cases will be reset for a date once funding resumes, according to the website for the courts, which are overseen by the Department of Justice.Immigration lawyers said that will only worsen the already overwhelming backlog. Immigration attorney Jeremy McKinney said he expects cases in Charlotte, North Carolina will be moved to 2020 because this year's docket is already full."The situation is a lose-lose," he said.In contrast, the funding problems have only minimally affected the U.S. government agency tasked with reviewing immigrants' applications for green cards and other benefits. U.S. Citizenship and Immigration Services, which is a fee-based agency, said its offices are open and immigrants should attend appointments as expected.___Long reported from Washington, DC. Associated Press Writer Amy Taxin in Santa Ana, Calif. contributed to this report. 5986
SAN DIEGO (CNS) - A 59-year-old woman suffered a fractured back when she was struck by a hit-and-run motorist in the Clairemont Mesa West community of San Diego, a police officer said Sunday.The woman was crossing westbound in the south crosswalk when she was hit a little before 6:25 p.m. Saturday by a vehicle that had been going westbound on Derrick Drive and made a left turn to southbound Genesee Avenue, said Officer Robert Heims of the San Diego Police Department.Police had no description of the vehicle or the motorist. Paramedics rushed the woman to an area hospital with a fractured back, Heims said.Anyone who saw the crash was asked to call Crime Stoppers at (888) 580- 8477. 696
SAN DIEGO (AP) — A judge in San Diego ruled Thursday in favor of media outlets and ordered the unsealing of 17 search warrants containing details about a synagogue shooting in a San Diego suburb that killed one worshipper and injured three others, including the rabbi.Superior Court Presiding Judge Peter Deddeh said he will review the documents with prosecutors and redact the names of witnesses and investigators before releasing them next week.Deddeh said he saw no legal reason why the warrants should remain sealed. There were no objections by prosecutors or defense attorneys.Law enforcement obtained warrants to search the car, home and locations visited by suspect John T. Earnest.Police say the 19-year-old nursing student opened fire at Chabad of Poway on April 27 during a Passover service. He has pleaded not guilty to murder and attempted murder charges.Prosecutors have said the gunman fired at least eight rounds before he fumbled with his semiautomatic rifle and fled with 50 unused bullets.The search warrants could help answer questions including whether the suspect got a hunting license to be able to legally purchase the weapon since he is under 21.Lawyers representing the media outlets, including The Associated Press, have argued the documents should have been unsealed 10 days after investigators filed them in court.Other media involved in the request are San Diego outlets NBC 7, KFMB News 8, Fox 5 San Diego, and the San Diego Union-Tribune.Attorney Elizabeth Baldridge, representing the media, said unsealing the documents is important to ensure oversight of the judicial proceedings, especially in high-profile cases such as the synagogue shooting.She wrote in court filings that mass shootings and attacks motivated by religion and race have become common in the U.S., and the "public has a substantial interest in understanding the motivations behind these crimes and obtaining transparency in the process of bringing alleged perpetrators to justice."She added that unsealing the documents will also be "therapeutic" for families and the community. 2088
Sam Nunberg's interview tour is over for now.Nunberg was booked to appear on CNN's "New Day" on Tuesday morning, but he did not show up for the interview.When an unknown person answered the phone at his home Tuesday morning, the person said Nunberg is done doing interviews.According to two sources with knowledge of the matter, ABC also pursued Nunberg for Tuesday's "Good Morning America." But the producers feared that he would bail, and sure enough, he stopped responding to messages on Tuesday morning. "He went dark," one of the sources said. Nunberg's change in media strategy appears related to the change of heart that unfolded before a national audience during his media tour on Monday.The former Donald Trump campaign aide gave more than a dozen interviews on Monday in an extraordinary act of defiance of special counsel Robert Mueller.Related: Who is Sam Nunberg?He started out by flaunting Mueller's subpoena and saying "let him arrest me." At one point, he even handed the subpoena paper to MSNBC anchor Ari Melber. He seemed to revel in the show he was starring in."Jake, I'm definitely the first person to ever do this, right?" he asked CNN's Jake Tapper.Interviewer after interviewer emphasized that Nunberg could be facing serious legal jeopardy. They asked if he wanted to reconsider his position; asked if he'd consulted his lawyer; and asked about his family.Nunberg asked questions too -- almost as if he was seeking legal advice. In the 7 p.m. hour on Monday, he asked CNN's Erin Burnett, "Do you think Robert Mueller is going to send me to prison, Erin, for this?" She answered, "I don't know, but he certainly would be within his rights."Some of Nunberg's associates said they were worried about his state of mind. Burnett said at the end of the interview that she smelled alcohol on his breath. But he denied that he had been drinking.Paparazzi-style photographers were waiting for Nunberg outside CNN's New York bureau. He spoke with one of the camera crews and then continued talking with reporters by phone. But his tone changed. By the end of the day, Nunberg signaled that he will continue cooperating with Mueller, after all.The special counsel office had no comment.Nunberg's last interview of the day appeared to be with Olivia Nuzzi of New York magazine. He told her around midnight that "I'm gonna cooperate!"Regarding his TV tour, he said to Nuzzi, "Did I sound drunk? I think that I was just more of myself in these interviews than I've ever been. That's what I think it was."He took another call, then called Nuzzi back at 12:55 a.m., said he was happy that "I didn't get dumped by my lawyer today."On Tuesday morning, Nunberg did not answer calls to his cell phone. Callers were greeted by a message that said, "The voice mail belonging to Sam Nunberg is full."The-CNN-Wire? & ? 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved. 2906