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SAN DIEGO (KGTV) -- County leaders and the American Red Cross are being forced to change fire evacuation plans due to coronavirus.According to a news release, residents under evacuation will now be housed at hotels or motels, or multiple shelters with less than 50 people instead of traditional shelters.The Red Cross says it’s working with nearly 100 lodging businesses to make rooms available during a crisis.“We’re entering the riskiest part of the wildfire season while still being in the middle of an unprecedented health crisis,” said county Supervisor Dianne Jacob. “That is forcing us to rethink and retool our disaster-planning efforts.”The County Office of Emergency Management is also asking people to include face coverings and hand sanitizer in their evacuation kits.“As we head into our warmer months, we need all resources available,” said County Supervisor Jim Desmond. “The question isn’t if, but when. We know fires are a part of living in San Diego, but putting in the preparation ahead of time is the best tactic we can use.”The Red Cross also says packaged meals will be provided instead of the usual cafeteria-style dining in light of the virus.“Disasters require flexibility and planning for a number of variables – especially in the COVID-19 environment,” says Sean Mahoney, Regional CEO of the American Red Cross Southern California Region. “As wildfire season approaches, the goal of the Red Cross remains to provide comfort and support to anyone in need after a disaster, and we are prepared to do just that.” 1545

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 (CNS) - The Surfrider Foundation released its annual Clean Water Report Friday, detailing the measures the organization has taken to improve water quality in San Diego County and quell sewage contamination of local shorelines. The report gives an update on the organization's Blue Water Task Force as well as analysis of water quality case studies in Depoe Bay, Oregon; Oahu, Hawaii; Palm Beach County, Florida; and San Diego. The Blue Water Task Force, Surfrider's volunteer water testing group, has increased its number of water tests by at least 12 percent each of the past seven years, according to the report. Task force volunteers conducted 6,826 water quality tests across the country in 2018. Last year, the Surfrider San Diego chapter's Blue Water Task Force focused primarily on ending sewage runoff into the Tijuana River, which subsequently flows into the Pacific Ocean and affects the county's beaches and coastline. According to the report, sewage contamination caused closures of Imperial Beach's shoreline for roughly half of each year from 2015 to 2017. In 2018, Surfrider San Diego established Blue Water Task Force testing labs in Imperial Beach, Coronado and at the chapter's office west of Mira Mesa to improve local water testing efforts. According to the report, the organization's volunteers collect and test water samples each Thursday along the shoreline from Imperial Beach to Pacific Beach. ``In areas like San Diego, California, where communities are impacted year-round by cross-border water pollution ... Surfrider's work to protect clean water is more critical than ever,'' said Mara Dias, the organization's water quality manager. ``Our chapters are tackling regional water quality issues by testing for pollution, building ocean friendly solutions, and informing the public where it's safe to surf, swim and play in the ocean." Surfrider San Diego filed a lawsuit against the U.S. section of the International Boundary and Water Commission last year, alleging that the body has repeatedly violated the Clean Water Act and put the health and safety of local residents in jeopardy by improperly managing the pollution from the Tijuana River. The cities of Imperial Beach and Chula Vista and the Port of San Diego have joined Surfrider's lawsuit, while the city of San Diego and California Attorney General Xavier Becerra have filed a similar suit against the IBWC. The latter suit is expected to go to trial in April 2020. 2472

SAN DIEGO (KGTV) - 10News is learning more about how suspected Poway shooter John Earnest got the weapon. On Thursday, investigators revealed that they believe he got his rifle from a licensed dealer.In federal documents released on Thursday, prosecutors report, “The firearm was manufactured by Smith & Wesson in Princeton, Illinois and shipped to Springfield, Massachusetts where it was assembled. The firearm was ultimately transferred, via Fort Worth, Texas, to a Federal Firearm Licensed (FFL) Dealer in San Diego, California, which sold the firearm to Earnest. Earnest picked up the rifle on April 26, 2019.”That was the day before the shooting.In a press conference on Thursday, Southern District of California U.S. Attorney Shane Harrigan told reporters, “I can say that there is no allegation that the defendant violated federal law when he acquired the rifle that he used in the violent attack on the synagogue.”Questions still remain as to whether state law was violated. Earnest is only 19 years-old.California law requires that adults be over 21 years-old before they can buy a firearm, unless they have a hunting license, are current or former military, or are in law enforcement.Prosecutors wouldn't comment on whether Earnest had a hunting license. “That allegation isn't in the complaint but please understand that as the criminal process moves forward, more information may be available to the public,” added Harrigan.District Attorney Summer Stephan originally said that the rifle had been obtained legally, but when pressed on Wednesday by 10News, she didn't provide a clear answer. “I don't want to [comment any further] because it's a pending case,” she said.At Thursday’s press conference, a reporter asked the federal prosecution about when Earnest purchased his 60 rounds of ammunition. Harrigan replied, “We’re limited to the allegations in the complaint. I hope you understand. I think more information may be forthcoming.” 1962

SAN DIEGO (KGTV) - A battle is brewing between the San Diego bay cruise companies over which companies can start up again and which ones cannot. Some companies are cleared to resume dinner cruises next weekend, while others are still stuck at the docks. On Hornblower Cruises & Events’ Facebook page, the announcement is up that it's reopening this upcoming weekend. Wednesday, the fleet was docked but starting Saturday, the company is offering dining cruises through the bay. “At the moment, we have not been permitted to leave the dock,” said Carole Noska, owner of Charter Services. She told 10News that her boat and other charters still can't operate bay tours. County guidelines only permit recreational boating, not charters, and the recreational sailing is only for passengers within the same household. The County reports that dining cruises, though, are fine to set sail so long as they operate within the County's dine-in guidelines for restaurants.“We probably lost ,000 to ,000 over Memorial weekend after having already been at the dock for the last two months since COVID started," Noska told 10News and added, “Those of us in the legal charter community the credentialed vessels for charter would just ask that the County and the Port and the State level the playing field.”In a press release, Hornblower Cruises & Events provided an extensive list of safety measures its implementing, including social distancing aboard, and facial covering requirements. The company sent 10News the following statement on Wednesday."In accordance with the latest Stage 2 Variance which now permits dine-in restaurants to operate, we are thrilled to be able to offer a limited choice of seated dining cruises starting this weekend. Like other restaurants within the County, we are adhering to the specific guidelines laid out in the San Diego Safe Onsite Dining Plan for Restaurants and the State guidance for Dine-in restaurants. In addition to already stringent cleaning protocols, we are adapting the onboard experience to reflect the need for social distancing, alongside elevated health and hygiene practices. So, while our Guests can still expect the same high standards and welcoming service, they can be assured we are fully compliant with all relevant and necessary requirements."Flagship Cruises & Events is starting dining cruises as well, but the company is also doing bay tours which is in violation of the County health code. The company was cited by Harbor Police over the holiday weekend but reports that it is continuing its operation, maintaining its allowed to do so under a certain section of County code, which the County disputes. 2679