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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 bankruptcy judge told a San Diego-based financial investment advisor that he was spending against her orders. She told Christopher Dougherty he doesn’t have the right to prefer his kid’s expenses over his creditors.Today the judge ruled Dougherty will be in Chapter seven bankruptcy, meaning that he and his wife are no longer in charge of their own assets.A trustee will investigate and liquidate those assets.Dougherty is being accused of running a Ponzi scheme targeting mostly elderly victims who planning for retirement and taking more than million, according to bankruptcy court records.In bankruptcy court documents, the United States Trustee wrote Dougherty’s “deception is the basis of a Ponzi scheme.”“[Their] practice of using new investment money to pay existing investors dividends and the principal gave the false impression that the payments received by investors came from earnings and profits or from a return of their principal,” the documents said.The San Diego County Sheriff's Department tells 10News there is a criminal investigation into Christopher Dougherty with at least 30 potential victims.The Securities and Exchange Commission also has an open investigation into Dougherty. 1237

SAN DIEGO (KGTV) - A California lawmaker is planning to move forward on a housing bill that would eliminate hyper low-density zoning near transit and job centers.Senate Bill 50 aims to clear the way for apartment buildings and affordable housing in those locations so more people can live near transit and near where they work, proponents say.California State Senator Scott Wiener of San Francisco tells 10News, in January SB 50 will come back before the Senate, and he intends to move it forward.RELATED: Making it in San Diego: Zoning rules partially responsible for low housing supply, report says"California has a massive housing shortage – which threatens our economy, environment, and diversity – and state action is essential to solve this major problem," Wiener said in a statement.While they wait for action at the state level, some San Diego community groups are pushing for local lawmakers to move forward with their version, dubbed SD 50."We are still working in these neighborhoods to try and change those communities," said Ricardo Flores, executive director of the Local Initiatives Support Corporation (LISC) San Diego.Flores said the City of San Diego needs to end its single-family home zoning regulations. He said housing segregation in San Diego can be tied to the city's zoning policies.RELATED: City Council approves plan to ease San Diego parking regulations for more affordable housing"History shows us that it was created to discriminate against families in San Diego," Flores said. "That's really the crux of this story is that these laws were created to keep people apart, to divide black and white families so they did not live together in the same communities and they've been wildly successful."Flores and other local groups, including NAACP San Diego, Chicano Federation, Urban League of San Diego, and California YIMBY are asking city leaders to craft and pass a local version of Senate Bill 50.In October, the coalition took their initial pitch to members of the city's Land Use and Housing Committee, asking the city to ditch single-family zoning."The immediate benefit is we can see that people who have needs can move into communities where there are more opportunities, and we then reduce the concentration of poverty in communities that have been segregated," Flores said.RELATED: Making It in San Diego: County streamlines process to build granny flatsBut not everyone's sold on the idea coming out of Sacramento.10News spoke with San Diego City Council President Pro Tem Barbara Bry who is against Senate Bill 50. Bry represents District 1, which includes the communities of La Jolla, University City, and Carmel Valley."I'm against SB 50 because I'm against state efforts to control local land use planning," Bry said. "I believe San Diegans should be in control of what happens in our neighborhoods. Furthermore, SB 50 did nothing to guarantee that we would get one more unit of affordable housing."Bry said she's concerned about costs and meeting climate action plans goals, neither of which she found addressed in SB 50.RELATED: Making It In San Diego: Neighbors protest high density housing planBry told 10News she supports single-family zoning and believes if the city is going to bring down the cost of housing, it needs to build more housing in transit corridors."One of the major costs of housing is the fees," Bry said. "Fees are what pay for the infrastructure because of Prop 13. The state can pick up that cost of infrastructure. There was nothing in SB 50 to mandate that."If San Diego updated its zoning policies, it wouldn't be alone.City leaders in Minneapolis passed "Minneapolis 2040" which aims to increase affordable housing and racial disparities in housing.Ricardo Flores said he believes it's time for politicians to make San Diego more inclusive."If you own a single-family home on your lot and you want to keep that you should be allowed to keep it, but if you like me and are interested in building a couple extra units for mom and dad to move into or to rent it out to help pay for a mortgage you should be allowed to do that," Flores said.In a statement to 10News, San Diego City Council member and Land Use and Housing Committee member Scott Sherman wrote, "A recent study noted that 47 percent of housing costs are due to government red tape and regulation. Since taking office, I have worked to reform land use codes and streamline the permitting process to make homebuilding less expensive. I appreciate the efforts of SD50 and look forward to diving into the details of their proposal." 4568

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

SAN DIEGO (KGTV) -- A 2015 trip Duncan Hunter and his family reportedly took to Italy was a personal vacation unrelated to his work as a member of Congress, according to new court documents. The documents state that Hunter proposed and then canceled a visit to a base in or around Naples, Italy “in conjunction with the hunter family vacation.”According to the documents, “Hunter’s primary motive in attempting to schedule the November 2015 visit to a base was to generate a pretextual purpose so that he could misrepresent his personal use of campaign funds for the family vacation.” RELATED: Federal judge denies Rep. Duncan Hunter's request to dismiss case, change trial venueThe court documents are dated Tuesday and come one day after a federal judge Monday denied Rep. Hunter’s request to dismiss a 60-count indictment that accuses the Congressman of misusing campaign funds. Hunter is accused of spending the funds on personal expenses, including family trips. In June, Hunter’s wife, Margaret Hunter, changed her plea to guilty in a plea deal with the federal government. RELATED: Wife of Rep. Duncan Hunter pleads guilty in federal caseAs part of the deal, Margaret will testify against her husband in his upcoming September trial. 1249