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SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476

SAN DIEGO (CNS) - A 20-year-old man was arrested today on suspicion of attempted murder following a SWAT standoff after a shooting in the City Heights area that sent two people to the hospital, police said.The shooting occurred in the 1800 block of Rowan Street at 9:30 p.m. Friday, according to Lt. Andra Brown of the San Diego Police Department.When officers arrived on scene, they found a 21-year-old man with an apparent gunshot wound to his head, Brown said. The victim directed officers to his companion, who was seated in a nearby car and also appeared to have been shot.The officers provided aid to the victims, who were later taken to a hospital, Brown said. The man who called for help is expected to survive his injuries, but the other victim was not expected to survive.Homicide detectives were called to the scene to investigate. ``While the investigation has just begun, detectives have learned that the two men arrived in San Diego from Central California to meet with a male at 1700 Rowan Street,'' Brown said. ``It is believed the men were meeting to conduct a marijuana transaction. The suspect shot both victims and fled to a nearby residence.''A SWAT team and emergency negotiators arrived and attempted to talk the suspect into surrendering peacefully, the lieutenant said. After 1:30 a.m. Saturday, the suspect surrendered and was taken into custody. Matatoa Samoata, 20, was booked into San Diego Central Jail on suspicion of two felony counts of attempted murder and one count of grand theft, according to jail records. He is scheduled to be arraigned on Dec. 4.The victims have been identified, but their names were not released, Brown said. Both victims reside in Bakersfield. 1710

SAN CLEMENTE, Calif. (AP) — An investigation has confirmed students were subjected to a racist taunt and other verbal abuse during a high school football game in Southern California.The Orange County Register reports Sunday that San Clemente High officials say a racial slur was directed at a student from visiting Lincoln High of San Diego on Sept. 13. The slur was made inside a restroom. The school's investigation also found offensive comments were made in the San Clemente stands toward visiting fans and students.San Clemente Principal Chris Carter sent a letter Friday apologizing to both school communities.The letter did not say if any students would be disciplined.The letter said students from San Clemente and Lincoln will participate in a workshop facilitated by the Anti-Defamation League. 811

SAN DIEGO — It appears the Congressional seat vacated by Republican Duncan Hunter will remain in Republican hands, according a new scientific poll.The ABC-10 Union-Tribune scientific poll shows Republican Darrell Issa leading Democrat Ammar Campa-Najjar 51 percent to 40 percent, with 9 percent undecided. The poll, released Tuesday, has a margin of error of 5.7 points. It comes after the two prior polls showed the candidates in a virtual tie for the 50th Congressional District, which comprises most of East County and stretches into southern Riverside County. The shift came because independents moved to support Issa. Last month, the poll showed Campa-Najjar leading Issa in independents by 13 points. Tuesday's poll showed a major swing, with Issa leading among independents by 14 points. That's a 27-point swing. "In the end, independents in red-leaning area tend to be more red leaning, vice versa for blue-leaning areas, and so it's not surprising that Darrell Issa, as we get closer to the election, is bringing home these independents out in East County, San Diego," said Thad Kousser, political scientist at UC San Diego.The 50th District is the county's last in which Republicans outnumber Democrats in registration, giving Issa the advantage.In an interview Tuesday, Issa said he was traveling the district from Temecula to Jamul, meeting voters with social distancing. "I think my 18 years of support for pro-business, pro-50th type voting has allowed me to whether some pretty egregious claims of, somehow, corruptness and so on," he said. Campa-Najjar declined an interview Tuesday, but released this statement: “I’m inviting voters to reach me personally at 619-721-5148. The only poll that matters is on Election Day, and CA-50 voters have defied the odds time and time again. Darrell Issa is trying to buy and lie his way back to Congress. But CA-50 voters know me, I’ve spent the last four years listening to their needs. And I know that in one week, voters will show the world what I’ve seen over the past four years.”In response to that statement, Issa said, "It's a statement of somebody who is way behind in the polls, not likely to win, and somebody who spent more money and went negative claiming that, somehow, I was unfit from day one."SurveyUSA polled 538 likely voters in the district from Oct. 22 to Oct. 26. 2348

SAN DIEGO (CNS) - A Clairemont woman who fired a shot through the front door of her next-door neighbors' apartment after they complained about loud noises and yelling coming from her unit was sentenced today to 16 years in state prison.Brittany Lefler, 37, was convicted in May of four counts of assault with a semiautomatic firearm and one count each of making a criminal threat, shooting at an inhabited dwelling and child endangerment.Superior Court Judge Joan Weber said the defendant's addiction to alcohol led to the terrifying events of Dec. 29, 2016."This is a woman who really tried to kill people,'' the judge said. ``Alcohol led her to that.''Deputy Alternate Public Defender Gilson Gray unsuccessfully argued for a lesser sentence, calling Lefler's actions "significant recklessness'' while stressing that one shot was fired.PREVIOUS REPORT: Topless Clairemont suspect in custody after 8-hour standoffBut Deputy District Attorney Michael Reilly said Lefler pointed a gun in the face of one of her neighbors when he opened the door, saying, "I've got my finger on the trigger.''Reilly said one of the victims grabbed her 11-year-old daughter from behind the door just before Lefler fired the shot.Had Lefler fired a few seconds earlier, she might have been looking at first-degree murder, the judge told the defendant."You gave control of your life to alcohol,'' Weber told Lefler. ``Can you believe you're capable of trying to kill people?''A tearful Lefler apologized to the four victims, who were not in court for the sentencing hearing."I'm truly sorry for putting your whole family in danger,'' she said.Lefler vowed to get help for her alcoholism "so something like this doesn't happen again.''During the trial, Reilly said Lefler had been drinking and was "out of control'' and "verbally abusive'' after Erick Morales called police about 1 a.m.Morales and her roommates told police that Lefler kept banging on the wall and screaming in her apartment on Beadnell Way.When officers responded, Lefler wanted to know who called the police on her, according to body-worn camera evidence.Morales' 19-year-old son said at one point he went outside and asked Lefler to "keep it down,'' but she reached into her boot and pulled out what looked like a gun and he ran back inside."She (Lefler) said, 'C'mon outside, I'll bust a cap in you,''' Henry Molina testified.The witness said he had overheard Lefler telling police that she kept a gun for "things like this.''After he shut the door around 5 a.m., Molina testified that he heard another bang and his mother said, "She's shooting! She's shooting!,'' referring to Lefler.Reilly told the jury that Lefler pointed her gun at everyone in Morales' apartment -- including her boyfriend, 11-year-old daughter and son -- before pulling the trigger."She (Lefler) did it on purpose,'' the prosecutor said. "In a moment of anger and fury, she shot through that front door. Ms. Lefler sent a message with a bullet through that front door. She can't do that!''Gray told the jury that Lefler called 911 multiple times that night, but police did not help her.Lefler was home alone, scared and outnumbered by her complaining neighbors, Gray said. He told the jury that Lefler was ``practicing'' pole dancing inside her residence.Both sides were yelling at each other and Lefler fired the shot accidentally when a door suddenly slammed, according to Gray. 3408

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