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SAN DIEGO (KGTV) -- There are concerns about whether the difference between federal and state mental procedures is creating a danger in the community.A gun violence restraining order petition filed by the San Diego County Sheriff's Department suggests Department of Defense requirements don't translate into California's strict mental health evaluation and treatment laws.Local Court CaseStanding in front of a San Diego County judge, a Navy Sailor explained why he believes his guns seized by the San Diego County Sheriff's Department should be returned to him.10News is not naming the sailor because he was never accused of a crime.The Hospital Corpsman 2nd Class told the judge the Sheriff's Department got it wrong; he's not a danger to himself or others.In May, deputies confiscated his firearms after they responded to a call of a suicidal male at what's described as his residence.According to a petition for a gun violence restraining order, the sailor was in a bathroom with a gun in his hand threatening to kill himself.The petition states once deputies got him outside of the home, he told them he's in the military and felt alone. According to the document he "had been thinking of his best friend who had died, he is having relationship problems with his wife and his family does not speak with him. He had lost all hope today and wanted to kill himself. He drank (2) Four Loco's and laid in his bathtub full of water. He thought he would pass out and drowned [sic]. He did not pass out, so since he could not shoot himself, he was going to have law enforcement shoot him when they arrived."According to the deputies' written narrative, they believed he met the criteria for being a danger to himself because he was suicidal, and they placed him on a 72-hour hold pursuant to Welfare and Institutions Code 51-50."If an active duty military member lives within the Sheriff's jurisdiction, outside of a base, then they are responsible to obey the laws of the state of California," said a Sheriff's Deputy who spoke to 10News on a condition of anonymity.10News is not naming the member of the San Diego County Sheriff's Department because they work undercover. One of their jobs is to handle gun violence restraining orders, or GVROs for short.These civil restraining orders prohibit someone from having a gun or ammunition. Law enforcement or close family members can request it if they're afraid someone will hurt themselves or others. A temporary order is issued until a court hearing for a permanent one takes place."If we have the ability to demonstrate that this person is a danger to themselves or others, we could use GVROs to proactively prevent him from being in possession of firearms," the Sheriff's Department source said.The Sheriff's Department filed a petition for a gun violence restraining order against the U.S. Navy sailor after releasing him to staff at Balboa Naval Hospital in San Diego.According to the GVRO, "Active-duty military members placed on involuntary mental health holds at federal military treatment facilities are governed by the requirements of the Department of Defense (DoD) and implement military service instructions. The current governing instruction of DoD Instruction 6490.04. The DoD standards do not translate into California's "5150- 5152," "5250" (and related statutory) requirements, so it is not currently possible to use California's electronic Mental Health Reporting System for an active-duty member placed on a hold under DoD standards. Therefore, he would not be subject to a firearm prohibition without the issuance of a Gun Violence Restraining Order."In California, if you're taken in on a code 5150 and admitted to a mental health facility, state law makes it unlawful to possess firearms for a period of time. Experts tell 10News the patient receives a formal notification of the firearms prohibition report and the required information about the process for appeal to a judge, if they wish to appeal it.According to the California Department of Justice, a firearm prohibiting category is: "Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150, assessed under Welfare and Institutions Code section 5151, and admitted to a mental health facility under Welfare and Institutions Code sections 5151, 5152, or certified under Welfare and Institutions Code sections 5250, 5260, and 5270.15."Experts 10News spoke with say things can work differently if an active duty member of the military is taken to a DOD facility."The reporting system on the federal side is a lot different than we have in our law enforcement on the state level," said San Diego attorney Vik Monder.Monder has no connection to the case but represents clients in civilian and military courts.Monder said just because someone is placed on a 72-hour hold and taken to a DoD facility doesn't mean federal authorities can permanently remove their firearms. There needs to be due process."Under the federal regulation, title 18 United States Code section 922, in order to take away someone's federal rights to a firearm that person must have been adjudicated where they've committed a crime or found guilty of committing some sort of act that warrants that individual to have their gun rights being taken away," Monder said.The sailor was released after being taken to Balboa Naval Hospital. In court he told the judge he was never admitted.In his case the judge ruled he can keep his guns.10News tried to speak with him outside of court, but he said he had no comment and told Team 10 investigator Adam Racusin he needed to check with his command staff if he could speak with 10News.The sailor never got back in touch and no one answered the door at his listed address.The San Diego City Attorney's Office said they're aware of four gun violence restraining orders involving active duty military members in the City of San Diego.A spokesperson for the City Attorney says California's GVRO does not extend to military personnel when they are on federal land or installations. 6076
SAN DIEGO (KGTV) -- Time to celebrate, San Diego. Your two favorite tiger cubs are ready for visitors at the San Diego Zoo Safari Park. Friday the zoo released video of the cubs enjoying their new home. The approximately 3-month-old, rescued Bengal tiger cub and his 4-month-old companion, a Sumatran tiger cub are settling in nicely at the Tull Family Tiger Trail. “The two cubs are adjusting really well to their new home,” said Lori Hieber, senior mammal keeper at the San Diego Zoo Safari Park. “They’re doing great. They act like little brothers; they play and cuddle a lot, and they squabble a bit like most brothers, but it’s all natural, healthy behavior.”The Bengal tiger cub was brought to the San Diego Zoo Safari Park on August 23, 2017, after being confiscated by U.S. Customs and Border Protection officers during a vehicle inspection at the U.S./Mexico port of entry near San Diego. RELATED: Customs and Border Protection agents seize tiger cub at US-Mexico borderHe remains under the jurisdiction of the U.S. Fish and Wildlife Service. The Sumatran tiger cub was born at the Smithsonian’s National Zoo, but his mother was unable to care for him properly. RELATED: Washington, DC tiger cub flown to San Diego to be paired with smuggled tigerThe cubs have bonded well and are growing quickly - weighing in at 32 pounds. They are fully weaned from formula, and now eat an exclusively carnivore diet.As they continue to grow, the Bengal tiger will eventually outweigh the Sumatran tiger by about 200 pounds, given the difference between these two tiger subspecies.“We feel really fortunate to have these two cubs here,” said Hieber. “It was an unusual circumstance for us to acquire them, but we think they’re in the best possible hands, and they’re going to have a wonderful life while they’re here at Tiger Trail.” The cubs will be visible to guests daily from 9 a.m. to 12:15 p.m. They may also be seen occasionally on the Safari Park’s online Tiger Cam.Like all tigers, the critically endangered Sumatran tiger and endangered Bengal tiger subspecies face many challenges in the wild, from loss of habitat to conflicts with humans, but the biggest threat continues to be poaching. Tigers are killed by poachers who illegally sell tiger body parts, mostly for folk remedies. People can help protect wild tigers by avoiding products made with non-sustainable palm oil, an industry that harms tiger habitat; and by refusing to purchase items made from endangered wildlife. 2528
SAN DIEGO (KGTV) - This weekend, enjoy art, the outdoors, and a couple of big-name entertainers in San Diego.The San Diego Museum of Art will feature more than 100 works of art interpreted through flowers during their four-day Art Alive exhibit. Kids can also jump into the fun with hands-on art-making and other activities.Coronado Museum of History and Art also has a unique event running, showcasing San Diego's history with drag racing over some brews.MORE: Family fun events in San DiegoOn the entertainment side, singer Art Garfunkel and comedian T.J. Miller roll into San Diego, providing some tunes and laughs for the weekend.And if you need a day outside, you're in luck. San Diego will see the return of the Barrio Logan Grand Prix, Encinitas Spring Street Fair, and Shaka Fest.THURSDAY37th annual Art AliveWhere: San Diego Museum of Art; Cost: Free (members), - (non-members)(Runs Thursday to Sunday) San Diego Museum of Art with blossom with more than 100 floral interpretations of artistic masterpieces. The four-day exhibit also features hands-on art-making and interactive activities for kids and families. Hops and History: Drag Racing in San DiegoWhere: Coronado Museum of History and Art; Cost: - Explore San Diego's storied history with drag racing with Emmanuel Burgin, author and former sports editor for El Sol de San Diego, through photography and art — with beer. 1429
SAN DIEGO (KGTV) -- This week, the Del Mar Union School District and Cajon Valley School District went back to in-person classes. However, most public schools in the county are continuing in distance learning.“It’s tiring, to say the least,” said teacher Kelly Martin. She teachers in the Chula Vista Elementary School District.Dawn Harrison also teaches in that district. While she dealt with some technical problems with her first-grade class, she said “it went better than I thought it would go.”Martin said she has been able to make connections with her students even through a computer screen. She also met virtually with each student one-on-one.“It’s been a challenge with tech issues outside of our control… people’s cameras aren’t working, people’s microphones aren’t working. I feel like besides being a teacher, I’ve taken on the role of tech support!” Martin said.ABC 10News first checked in with the teachers at the end of July before the school year started. Since then, Harrison said she has dealt with a rollercoaster of emotions. “Fear, anxiety, stress, a little bit of excitement,” Harrison said.She’s not the only one in her household dealing with an unusual school year. Her husband, Rick Meads, is a teacher at Eastlake High School.“I have 160 students or so. I see most of them every day. There are some that are still struggling with access,” Meads said.He teaches theater, drama, and digital arts. While he said he is missing out on the personal interaction with students, he is adjusting his curriculum.“Instead of doing a fall play this year, we’re going to do a radio show. They’re writing their own script. It’s going to be a Halloween, scary type of thing,” Meads said.They all say being in the classroom with their students is easier that distance learning, which involves a lot more preparation.“I’m definitely working longer hours. The good part is I have no commute,” Martin said.As far as when they will feel comfortable conducting in-person classes again, there is no definitive answer.Meads said it will be a challenge to keep social distance between students. “It’s a nightmare thinking of going back unless it’s really safe,” Meads said. “I really haven’t spent too much time thinking about going back yet. I think I’m so consumed with just staying alive right now!” his wife Dawn said. 2331
SAN DIEGO (KGTV) — This weekend, remember to set your clocks back one hour — and enjoy that extra bit of sleep — as Daylight Saving Time ends.The official end occurs at 2 a.m. on Sunday, Nov. 3, so make preparations ahead of time or first thing Sunday so as not to fall behind yourself.Depending on who you ask, it's a surprise the biannual event still exists. RELATED: 388