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SAN DIEGO (KGTV) -- A frustrating mystery is plaguing commuters in Carmel Valley.A seemingly perfectly good brand new lane meant to ease traffic to the 56 has been coned off for months. The project adds a third lane on southbound Camino del Sur from around Highland Village place to Highway 56. Greg Agius, who commutes that way, says it's been coned off for months. A city staffer told him it would be complete by the end of August, but on Monday it was still inaccessible to drivers. RELATED: San Diego road repairs are ahead of scheduleAgius, who also bikes in the area, said it is making for a tight merge that has led to near fender benders. "It's backing up my commute," he said. "I've actually over the last three to four months had maybe half a dozen close calls."The lane is meant to lighten the congestion in Carmel Valley, which is getting increasingly congested as more housing is built. Developer Lennar hired contractor MGI to add the lane as part of its approval for area housing projects. RELATED: San Diego projects receive funding due to controversial gas tax"This is the one that baffles me the most because it's more dangerous what they've done with the cones than if the cones weren't here," Agius said. The problem rests with the traffic light at the intersection. It doesn't stretch far enough over to be visible to all cars in the new lane. Caltrans Spokesman Ed Cartagena gave an example of cars next to a semi-truck.They wouldn't be able to see the traffic light if not in front of them. Cartagena said it needs to be extended before anyone can benefit from the new asphalt. He also noted recent other work on the lane, above and below ground, including removal of an electric box ten inches above ground. Either way, Cartagena said the new light should be installed by the end of the week, clearing the way for the lane to open. A city spokesman said the contractor had delays in obtaining the signal pole and mast-arm for the traffic light. A call to contractor MGI was not immediately returned. 2118
SAN DIEGO (KGTV) — A California woman is claiming officials with the United States Department of Homeland Security (DHS) treated her like an animal.Amanda Sams said Customs and Border Protection (CBP) officials failed to provide the medical care required to treat her serious medical needs while she was in their custody.In a lawsuit filed against the government, Sams and her civil attorneys claim, "This practice of DHS agents forcing arrestees and pretrial detainees to detox and withdraw from high amounts of alcohol and/or opiates in holding cells near the border, has happened with alarming frequency. Indeed, Ms. Sams is believed to be one of dozens of other individuals forced to endure these conditions in recent months."Sams Arrest and DetentionSams was arrested in January for charges related to bringing an undocumented immigrant in the United States illegally.According to court documents filed by the U.S. Attorney's Office, Customs and Border Protection officers found a person in a hidden compartment in the vehicle Sams was driving.Court records show after Sams was arrested, she told officers that she is an alcoholic and uses drugs.RELATED: Allegations people in the government's custody enduring unsafe conditionsAccording to her lawsuit, after spending the night in a holding cell at the border, Sams was transported to the Metropolitan Correction Center (MCC) in downtown San Diego. The lawsuit says officials at MCC rejected her due to her unstable medical condition.Her lawsuit alleges, "Rather than taking Ms. Sams to a hospital, as recommended by MCC officials and as (presumably) required by DHS policies and procedures, the CBP Defendants returned Ms. Sams to a DHS holding facility at or near the San Ysidro Port of Entry."Team 10 obtained four days of surveillance video from Sams' cell, an experience she described as one of the worst times of her life."When I first walked in, you could smell urine, and you could hear kids crying," Sams said. "You could hear people screaming. There was garbage in the corner."The video obtained by Team 10 shows her eating, sleeping, pacing, hyperventilating and vomiting."No human being should be treated like that," Sams said. "Like they are nothing. Like they are a nobody."Sams told 10News she was given only a solar blanket and a thin mat to sleep on.RELATED: Call for SD jail reform after former inmate's cheek was bitten by mentally ill inmateShe said she began to experience symptoms of withdrawal while in the cell."I was sick to my stomach," Sams recalled. "I had cold chills, then I'd get hot. I'd get cold. I'd have these sweats."Team 10 Investigator Adam Racusin asked Sams if she remembered the medical staff at the facility ever checking her vital signs."Nothing," Sams said.According to court documents: "For five days, she languished in a holding cell at the port of entry while enduring severe symptoms of alcohol withdrawal and detox without access to medical care. She was forced to sleep on the concrete floor of a cell for four nights with only a solar blanket to keep her warm from the cold. She was not allowed to change her clothing and denied access to basic hygiene, including a shower, toothbrush, toothpaste, soap, a water cup, or feminine hygiene products. She was never allowed to make a call or speak with legal counsel."RELATED: SD whistleblower reveals threat of gun reporting 'loophole' for mentally ill service membersSams attorney Trenton Lamere said the government breached its duty of care when they failed to provide minimally necessary services."Really minimum levels of care here that we would expect from a civilized society," Lamere said.According to Sams' lawsuit, "California law imposes a duty of care on law enforcement and custodial officers to protect the health and safety of pretrial detainees, which includes a duty to ensure pretrial detainees' serious medical risks and needs are properly evaluated and treated. Despite the objectively serious nature of the medical risks and needs Plaintiff was facing, and the CBP Defendants' subjective awareness of the same, the CBP Defendants breached their duty to protect Plaintiff's health and safety, by failing to provide the medical care required to evaluate and treat Plaintiffs' serious medical risks and needs while Plaintiff was in the custody, and under the supervision, of the government."Sams said she saw a judge five days after she was arrested.RELATED: Petition: DOD standards don’t translate into state mental health evaluation, treatment laws"When I asked for help, I really needed somebody's help," she said. "I feel that no one should have to feel that alone or go through something like that alone ever in their life."Sams' criminal attorney tried to get the case against her thrown out based on what she called outrageous conduct by the government. The judge in her criminal case did not agree.Sams' trial is scheduled for April 2020.Government ResponseA spokesperson for Customs and Border Protection said the agency can't comment on pending litigation.The U.S. Attorney's Office also didn’t comment on Sams' criminal case.However, in court documents, the government claims Sams indicated to her interrogators that she was not intoxicated and that she was not using drugs.Court documents say "The San Ysidro Port of Entry is not a hospital with doctors like API (Alvarado Parkway Institute). However, physicians assistants work at the San Ysidro Port of Entry for approximately 16-20 hours a day. The physician's assistants can render medical aid to detainees as necessary. There are also CBP Officers trained as Emergency Medical Responders and Emergency Medical Technicians who are able to provide medical attention while on duty at the port of entry."RELATED: Innovative open jail design changes San Diego inmate experienceThe government stated that records from Sams' detention at the San Ysidro Port of Entry show that officers conducted dozens of welfare checks, and at no point did CBP ever make the determination that she was in a state of medical emergency.They also claimed Sams indicated to a Customs and Border Protection Supervisory Officer that she wanted to go to Court and did not need medical attention.Team 10 investigator Adam Racusin asked Sams why at certain points she told officers she was not detoxing."So they'd take me out of there," she explained. "They'd take me to jail take me to another facility. I just wanted help."Other people going through withdrawalSams is not the only one making allegations of mistreatment in a border holding cell.Earlier this month 10News spoke to Jesus Centeno-Paredes from behind the walls of a detention facility just outside of San Diego.Centeno said he was arrested at the border then held for nearly three days in a potentially dangerous medical state. According to court documents, "Mr. Centeno was kept in a small cell where the lights were on the entire time. Mr. Centeno was not given a change of clothes during the nearly three days while he was at the Port of Entry. The cell where Mr. Centeno was held did not have a bed, and Mr. Centeno was given a thin foil blanket and a torn yoga mat to lie on. There was no soap, no toothbrush, and no hygiene products."Documents obtained by Team 10 allege others have gone through detox at the San Ysidro Land Port of Entry.Team 10 obtained what's known as the "No Body Active List" or "Federal Defender No Body Report."A No Body Active List from March of this year shows two additional people involuntarily detoxing from heroin were kept at the San Ysidro Port. Team 10 investigator Adam Racusin has also seen other No Body Active Lists from different dates showing other people marked as detoxing at the San Ysidro Port of Entry.Team 10 tried to get all No Body Active Lists from the start of this year, but so far, the U.S. Attorney's Office has not turned them over and said they aren't public documents. 7908

SAN DIEGO (KGTV) - A former San Diego agent with Naval Criminal Investigative Service (NCIS) is blowing the whistle on what some people say is a potentially deadly firearm loophole involving active-duty members of the military. For more than a year, Team 10 investigative reporter Jennifer Kastner has pressed local military officials for answers about its mentally ill patients.The expressed concern is that this alleged loophole could contribute to suicides or even mass shootings. Naval Medical Center San Diego (Balboa Hospital) is San Diego's biggest military medical facility. Balboa Hospital spokespersons tell 10News that the hospital is following federal law. However, state law is different and some people believe that the difference could have fatal consequences."I hope people see this. I hope people are upset. I hope people are worried," says Joel Mullen, the newly retired NCIS agent. Mullen is finally going on-camera with 10News, now that he's no longer working for federal law enforcement. 10News first met Mullen last year, when he wanted to open up about what he calls a major loophole in the military mental health system that some people believe could put weapons in the hands of suicidal or homicidal people."What would have happened to you [if you] had you come to talk to us while you were still working for NCIS?" 10News asks Mullen. "The F.B.I. got a hint that I was talking to you and [my] supervisor basically threatened to kick me off the [Joint Terrorism Task Force]," he replies.Loopholes and lapses in background checks have played a role in America's mass shootings.Take the case of 2017 Sutherland Springs church massacre where 26 people died. The former airman's history of domestic violence had banned him from legally buying a gun, but he did so anyway because the Air Force reportedly failed to have his criminal history submitted to the federal database for background checks.Mullen says that people need to be looking at a different loophole that involves mental health, which will be explained in this story. To date, it has not contributed to any shootings that 10News is aware of. Mullen believes it's only a matter of time."I hope to God it gets fixed before somebody dies," he says.If you're a civilian in California and you've been admitted to a hospital on an involuntary mental health hold (commonly known as a "5150"), California law generally bans you from owning firearms for five years, although you can later petition state court to restore your access. According to California law, the hospital has to report your information to the California Department of Justice using a portal called the Mental Health Reporting System. The California Department of Justice is then required to give your information to the F.B.I.'s National Instant Criminal Background Check System, known as NICS. That's the federal database that gun sellers can access to verify whether potential buyers are eligible to purchase guns.If you're banned from owning a gun, NICS will warn the seller. If you're an active duty service member admitted to Balboa Hospital on an involuntary mental health hold, the hospital notifies your commanding officer and a treatment plan is made. If there's fear that you may harm others, law enforcement may contact you. However, Balboa Hospital does not send your information to the California Department of Justice. Subsequently, the California Department of Justice does not submit your information to NICS. It means that once you're discharged from Balboa Hospital, there's no record of you in NICS. So, a gun seller who is accessing NICS has no way of knowing about your mental health history if you go to buy a gun. "Every day that this loophole exists, we run the risk of someone getting killed or a mass shooting happening," says Mullen.He explains that it's no single agency's fault. The problem is that state law and federal law don't sync up.Balboa Hospital referred 10News to the U.S. Department of Defense (DoD) which sets the policy for all U.S. military medical facilities. The DoD responded to 10News with a statement reading in part, "With regard to NICS, the DoD is following federal law as it pertains to mental illness." The federal law requires due process to restrict access to firearms, but the DoD says that an involuntary inpatient admission to a military facility "is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.""You have to have due process. That is what the federal side is lacking," Mullen adds."There are [Balboa hospital] mental health providers who have come and said, 'I want to put this person on a weapons prohibition. How do I do it?' [but] there was no way for them to do it," he tells 10News.10News was given a copy of an email from a senior Balboa Hospital official, which reveals that even three years ago, the matter was investigated. The 2016 email reads in part, "The Navy (Bureau of Medicine and Surgery) is exploring whether a military treatment facility or a military mental health provider can report directly to NICS, the F.B.I.'s National Instant Criminal Background Check System. To date, approval for such direct reporting has not been given by higher authority."In part of a statement to 10News, the Navy Bureau of Medicine says the health of its members is a top priority, and those on involuntary holds are only discharged when they're no longer deemed dangerous. Part of a statement to 10News reads, "Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return-to-duty including possible limitations to duty and signs of possible new or recurring distress..."The DoD did not answer 10News' question about any plans to make policy changes."The military trains people very well but if there's some sort of mental illness where they might be prone to more violence, they have more training than the average person and that makes them more dangerous than the average person," says Mullen.He tells 10News that systemic change can only happen if the DoD updates its federal policy, but it will first require a member of Congress to bring the issue to the nation's capitol.If you need mental health resources for current or former service members or their families, San Diego County has free resources. Visit Courage to Call for information: https://www.courage2call.org/The full statements provided to 10News by the Navy Bureau of Medicine and the DoD are below.DoD statement:Department of Defense Instruction 6490.04 "Mental Health Evaluations of Members of the Military Services" allows the Secretaries of the Military Departments to develop internal policy on active duty service member involuntary psychiatric hospitalization procedures. The instruction allows a Commander initiated referral for a service member to have a mental health evaluation. This instruction states "An involuntary inpatient admission to an M.T.F. is appropriate only when a psychiatrist, or, when a psychiatrist is not available, a physician or another M.H.P. with admitting privileges, makes an evaluation that the Service member has, or likely has, a severe mental disorder or poses imminent or potential danger to self or others".With regard to NICS, the DoD is following federal law as it pertains to mental illness. An involuntary inpatient admission to a military facility does not meet the requirements of 18 U.S.C. 922(g)(4) because the admission is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.18 U.S.C. 922(g)(4) states, "Any person who has been "adjudicated as a mental defective" or "committed to any mental institution" is prohibited under Federal Law from shipping, transporting, receiving, or possessing any firearm or ammunition". According to federal regulations, a person has been "adjudicated as a mental defective" if a court, board, commission, or other lawful authority has determined that he or she, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease meets one of the following criteria:? Is a danger to himself, herself, or others.? Lacks the mental capacity to contract or manage his or her own affairs.? The term "adjudicated as a mental defective" is defined to explicitly include a finding of not guilty by reason of insanity or incompetence to stand trial.Federal regulations define a person as "committed to a mental institution" if a court, board, commission, or other lawful authority has formally committed him or her to a mental institution. The term is defined to include involuntary commitments, but does not include persons who are admitted to a mental institution voluntarily or for observation.Navy Bureau of Medicine statement:"Overall, the health and well-being of sailors, Marines, reservists, their families, and retirees is our top priority. Well-targeted mental health treatment and prevention programs are essential elements in resilience and recovery, and form the cornerstone of Navy Medicine's approach to care. In involuntary military hold situations, discharge plans are made only when evaluations determine that the member is no longer deemed a danger to self or others. The treatment team works closely with the command during hospitalization and provides guidance and a plan for after leaving inpatient treatment. Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return to duty including possible limitations to duty and signs of possible new or recurring distress such as lack of social support, changes in life circumstances, legal problems, financial problems, and problems in relationships. The command and the member's mental health provider continue discussions to follow and evaluate the plan to monitor and help the sailor." 9956
SAN DIEGO (KGTV) -- A fire ripped through a Lakeside strip mall late Tuesday evening, but no injuries were reported.The fire broke out just after 11 p.m. in the 9700 block of Winter Gardens Blvd, near Woodside avenue.When firefighters arrived on scene the blaze spread to several businesses. Most of the damage was to the outside of the buildings but thick black smoke did get inside.By 11:30 p.m., the flames were knocked downNo injuries were immediately reported.The cause of the fire is under investigation. 518
SAN DIEGO (CNS) - The two owners and two employees of San Diego-based pornographic website GirlsDoPorn.com were charged with federal sex trafficking counts Thursday, with prosecutors alleging the defendants coerced and threatened the victims into appearing in online pornography videos.According to the U.S. Attorney's Office, numerous young women who initially responded to ads for modeling jobs were deceived by the defendants to appear in adult films.Once the victims learned the work involved pornography, the defendants allegedly told them the videos would be distributed to private clients, and not disseminated on the internet.RELATED: San Diego porn case: Civil trial against porn website operators beginsProsecutors say the women were "pressured into signing documents without reviewing them and then threatened with legal action or outing if they failed to perform." Others were not allowed to leave the shoots -- which were conducted at various San Diego hotels -- until the videos were completed, which sometimes involved sex acts the victims initially declined to perform, prosecutors say.Website owners Michael James Pratt, 36, and Matthew Isaac Wolfe, 37, are charged along with porn actor Ruben Andre Garcia, 31, and administrative assistant Valerie Moser, 37. The charges carry a maximum penalty of life in prison, according to the U.S. Attorney's Office.Prosecutors say Pratt remains outstanding, while Wolfe was arrested Tuesday, and Garcia was arrested Wednesday. It was not clear when Moser was arrested, but the U.S. Attorney's Office said she is slated to be arraigned in San Diego federal court on Friday.In addition, FBI agents executed a search warrant Wednesday night at an office in the Spreckels Theatre Building in downtown San Diego, where prosecutors say the website operated from. The website and its sister sites allegedly generated more than million in revenue.The defendants are also currently involved in an ongoing San Diego civil trial in which they are being sued by 22 women who appeared in videos on the site. The allegations in that trial -- which began in mid-August -- mirror the new federal charges.In that case, the victims are seeking more than million in damages and ownership rights to the videos they appeared in.Any additional victims were encouraged to call the San Diego FBI office at 858-320-1800. 2368
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