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SAN DIEGO (KGTV) -- The San Diego County District Attorney announced Monday that criminal charges have been filed against a former San Diego Sheriff’s deputy accused of fatally shooting a detainee.Former deputy Aaron Russell, 23, is being charged with murder in the second degree after being accused of shooting and killing Nicholas Bils, 36, who escaped from a California State Park Officer’s car outside San Diego Central Jail on May 1. Bils was allegedly running away from officers unarmed when he was shot. He was initially arrested for reportedly threatening a ranger with a golf club at Old Town San Diego State Park.RELATED: San Diego County sheriff’s deputy who fatally shot escaped detainee resigns from department“We reached the decision to file criminal charges following a thorough review of all the objective facts and evidence in this case by specialized prosecutors and investigators in our Special Operations Division,” said San Diego County District Attorney Summer Stephan.“When a life is taken, we must make decisions based in facts and law, and not ones that are influenced by the status of the accused as a peace officer nor the status of the victim. These decisions must be made solely in the interest of justice and not based on favoritism nor public opinion. Every person must be accountable under the law,” she continued.Russell is scheduled to be arraigned Tuesday. 1399

SAN DIEGO (KGTV) -- The weather has recently taken a turn for sunny and warm, making for the perfect day at the beach. But lifeguards are warning people expected to flock to the shores of San Diego about stingrays. “The stingrays are out in full force,” lifeguards said in a Facebook post. According to lifeguards, the California round ray feeds in the shallows off the California coast. RELATED: Today's full forecastThe creatures lay partially buried in the sand while hunting, causing problems for unknowing beachgoers. “Stingrays have a sheathed barb in their tail that is used when stepped on or when threatened,” the post continued. The barb is covered in venom and mucus that causes severe pain if it breaks the skin. RELATED: Does more rain mean more mosquitoes? No, but San Diego may get 'buggy' this springTo avoid stepping on a stingray, lifeguards recommend shuffling your feet. If you do get stung, the list below shows what you should do to treat the area: 1. Stop the bleeding.2. Go to the nearest lifeguard.3. Soak foot in hot water to deactivate venom.4. Keep clean to prevent infection.Watch the video below for more on how to prevent stings: 1169

SAN DIEGO (KGTV) -- The White House confirmed Tuesday that it is reviewing the Deferred Action for Childhood Arrivals (DACA) program.It comes as the Department of Homeland Security announced changes to the program that gives protection to some undocumented immigrants who came to the U.S. as children, guarding them against deportation.In a news release, DHS announced the following changes to the DACA program:Reject all initial requests for DACA and associated applications for Employment Authorization Documents;Reject new and pending requests for advanced parole absent exceptional circumstances; and,Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.Last month, the Supreme Court blocked an attempt by the Trump Administration to end DACA altogether.DACA supporters are expected to go to court to stop the changes announced Tuesday. 925

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) -- The Valley Fire has scorched more than 17,000 acres forcing families and animals out of their homes, but during all the chaos, the Children's Nature Retreat in Alpine was able to find safe homes for most of its 143 animals. It's been a tough last few days says Executive Director Agnes Barrelet, who spotted the fire and a hillside, the minute it sparked."You can't panic. You have to worry, but you have to remain cool. If you panic, your animals are going to sense it, and it's going to be worse," said Barrelet.In all, the nature retreat had to evacuate 118 of their animal which wasn't easy."We evacuated the most fragile animals first, and then the one's that may panic. I evacuated all the horses, then the mini horses mini donkeys," Barrelet says.A majority of the animals were taken by Good Samaritan's and given places to stay at various locations in East County."They were calling us and we were determining what space they had, and how much space. We also needed to know the height of the fences," Barrelet said. "That gave us an indication of who would take which animals where."It's been a tough year for the Children's Nature Retreat, as they were forced to close earlier this year due to COVID-19, and now the fires have temporarily shut them down."The fire of course forced us to close down again. If we are closed down, we have no revenues at all," Barrelet added. 1409