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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) -- The San Diego Unified School District says it has removed a letter from President Trump inserted into food baskets that, according to the district, downplays the importance of wearing a mask. The district says the letter “significantly diminishes the scientifically-backed importance of wearing a mask to protect against the transmission of COVID-19.”According to the district, the letter was placed into boxes of free groceries set to be distributed to 50 million families across the country.The district says President Trump’s letter recommends that Americans practice social distancing and “consider wearing a face covering in public.”“Science is clear: wearing a mask works to prevent the spread of the coronavirus,” Superintendent Cindy Marten said. “Masks are required in California and on every San Diego Unified school campus. It is not optional, as the President wrote in his letter.”The state currently requires that people wear face coverings when in public spaces, indoors, and areas where physical distancing is not possible. 1066

SAN DIEGO (KGTV) -- Three dogs are getting a second chance at life. Wednesday night they were reunited with a local Marine - after months of being apart. Marine Corps Captain Kyle Watkins has been waiting months to see the dogs he rescued as puppies while stationed in Iraq. Wendy, Hesco and Rooster were flown to the states to be adopted by Watkins and another Marine with the help of SPCA International and Operation Baghdad Pups.Watkins says he couldn't help but feed and care for the dogs, who in turn began to look out for him; their big brown eyes and wagging tails bringing comfort during some rough times. Two of the dogs will stay with Watkins and his wife on their farm in Temecula, the third will be adopted by another Marine.  776

SAN DIEGO (KGTV) — The San Diego Sheriff's Department says it has resumed conducting pre-pandemic evictions but continues to make that decision on a case-by-case basis.The department said in a statement that it served 12 evictions in July."The priority of enforcement focused on vacant locations or locations with reports of criminal activity. When possible, deputies conducted pre-eviction interviews and offered community resources to those who may need them at the pre-eviction interview and on the day of the lockout," SDSO's statement read.Of the 12 evictions last month, one was at a commercial property and 11 were at residential properties.Of the 11 properties, six were occupied and five were abandoned, SDSO said. In four of the six properties, deputies said criminal activities had taken place at the residences.At the fifth location, deputies say they found an elderly woman who was suffering from mental illness with health concerns and living with no heat or water. She was taken to a hospital.SDSO said the court order for the sixth location was about to expire so it had to be served.Last month, San Diego City Council leaders voted to extend a rent payback period on renters who have lost income due to COVID-19 until December 30. Renters are also required to follow the rules in leases, but landlords cannot evict a tenant for nonpayment due to COVID-19. 1380

SAN DIEGO (KGTV) - The young woman killed while walking on Interstate 8 in the College Area Saturday was a San Diego State University Student, the Daily Aztec reported.The California Highway Patrol said the woman was on the right hand shoulder of westbound I-8 at Waring Rd. just before 8 p.m. when she was struck and killed.Officers shut down most lanes of the freeway to investigate the crash.The San Diego County Medical Examiner's Office identified the woman Monday as 20-year-old Jasmine Madarang.The Daily Aztec reported she was last seen at a Kappa Alpha tailgate party before SDSU's game against Stanford.CHP investigators are looking into the cause of Madarang's death. 706

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