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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 68-year-old woman has filed a lawsuit claiming she was sexually abused decades ago by a priest in Rialto, the latest in a wave of litigation targeting the Diocese of San Diego.The woman, identified only as Jane Doe, claims she was abused by Father Efren Neri while he served at Christ the King, a San Bernardino County parish that was then part of the Diocese of San Diego. “For many years, I just lived with it,” the woman said in an interview. “A lot of shame, anxiety all my life.”Father Neri died in 1982, according to the Diocese. In a statement, the Diocese said there are no reports Neri was ever accused of sexual misconduct with a minor. “None in San Diego, none in San Bernardino and none in Fresno,” the statement said. Last week, 20 people sued the Diocese of San Diego, alleging abuses by six other priests. Attorneys say scores of additional lawsuits against the church are coming after a new law took effect temporarily lifting the statute of limitations for accusers to file claims.Statement from the Diocese of San Diego: 1068

SAN DIEGO (KGTV) — A group of rising juniors at Del Norte knows navigating middle and high school can be hard, and doing it virtually, can be even harder."Staying alone in the house and social distancing has made it hard to hang out with friends but with this platform, they can learn from their community and learn from their community's experiences." In July, they created Light the Way Project and have been helping peers across San Diego, the U.S., and the world with virtual peer-to-peer webinars followed by Q & A sessions."When we talk about our experiences people younger than us they feel better and reassured about the future," said one of the group's administrators. "People appreciate we're doing this especially in a pandemic." The group covers relevant topics like competitive culture, dealing with stress and anxiety, and managing your time when learning from home. "We talked about different strategies such as sleep schedules, managing priorities, divide and conquer strategies, and how to take productive breaks."They promote their events through social media, word of mouth, and forums like NextDoor. Eighty-five students hopped in on their first webinar in July, their most recent one drew in over 100."We noticed there's a lot of research and literature behind positive effects with peer mentorship as it alleviates stress and anxiety."The group is planning a summit in January tailored to those with an interest in engineering. 1461

SAN DIEGO (KGTV) - A billing error has double charged approximately 411,000 Medicare beneficiaries, according to government officials.The error affected those who pay their premiums to the Center for Medicare & Medicaid Services (CMS) through Easy Pay (Automated Clearing House payments.) Officials say the premiums were deducted twice directly from beneficiary’s bank accounts.“They took out both my husband’s and my payment twice,” said Jacki Montierth.Montierth teaches tech seminars for seniors at Oasis Lifelong Learning Center in La Mesa, including about how to use their smartphones and computers to access financial and medical documents.She says, she closely monitors her account, but worries other people may not be as vigilant or even know how to check their statements.“I’m sure this will hurt many people on limited income and my bank says it may take a week to refund,” said Montierth.So far, officials say about 20% of the duplicated money has already been refunded. They said they are working to return the rest of the money by Wednesday, September 25.If the money has not been returned by then, Medicare officials claim the Treasury’s Bureau of Fiscal Service will begin reversing the rest of transactions to complete the reimbursement.Those who worry they have been overcharged can call 1-800-MEDICARE to report an issue. Officials also recommend reaching out to your bank and ask that the payment be waived.For those with other questions about Medicare enrollment and payments, Oasis will be having Medicare experts available on Friday for one-on-one consultations from 11a.m. to 1p.m. at their office in the Grossmont Center.They are also having a free tech conference on October 15. 1715

SAN DIEGO (KGTV) - A City pool is now drained and shut down after vandals threw glass into it.Parents who bring their kids to the Allied Gardens pool for swim lessons were notified on Monday of the closure. "Honestly my reaction, I just kind of sat there dumbfounded, they called and said the classes were canceled, me being curious I asked why, they said vandalism. I said you have to be kidding. This is my neighborhood!" said Marie Veenstra, a mom of three.She says two of her children attend lessons at the pool on Glenroy Street four days a week. "It is super frustrating, not only as a mom who can't bring her kids to the pool, but thinking about the environment," said Veenstra.The City says broken shards of glass can be impossible to see or retrieve without draining the pool. Broken glass found in and around the pool results in having to drain the pool completely, conduct a thorough cleaning of the pool bottom to retrieve remaining pieces of glass, refill the pool with water and necessary chemicals to ensure the pool is safe and then reopen the facility.The City's safety protocol is consistent with the Model Aquatic Health Code. Draining and refilling the more than 320,000-gallon pool will cost the City roughly ,000 when factoring in personnel. "We love our pool though, we wish this didn't happen, but we'll come back."City officials say a police report has been filed, but there are no leads as to who threw glass in the pool. 1458