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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) -- Three men were arrested in Tijuana for the brutal murder of three teens in Mexico, including two from San Diego. The three suspects, identified only as Fabricio, Esteban Manuel and Alejandro were arrested at an unknown time, authorities in Mexico say. 17-year-old Christopher Alexis Gomez and 18-year-old Juan Suarez Ojeda were found shot to death in Tijuana on November 25. Both teenagers attended O'Farrell Charter School in Encanto. Another teen believed to be Ojeda’s friend was also killed. RELATED: Two San Diegans, Mexican teen shot to death in TijuanaGomez’s cousin, Katheryn Garcia, said the two were likely tortured in different locations before being killed execution-style in front of a housing complex. Garcia said her cousin planned to head to a barbecue in Ensenada on Friday. Investigators believe all three teenagers were taken from an apartment complex at gunpoint before being killed. It’s still unknown why the teens may have been targeted. Gomez's family sent 10News the following statement: “As a family we are very conflicted by the events and are still hurting, we miss him dearly and just feel a bit of comfort to know that the people responsible have been caught and that our sweet Alex is getting a bit of justice.”A GoFundMe page was set up to help Gomez’s and Suarez-Ojeda’s families with funeral costs and expenses.According to reports, murders in Tijuana hit a record number in 2018, topping out at more than 2,000. 1476

SAN DIEGO (KGTV) - The San Diego City Council approved dozens of regulation changes Tuesday that Mayor Kevin Faulconer says will increase the supply of housing while lowering development cost.The plan aims to create more homes, lower development costs and promote smart growth.The approval includes changes to the Affordable Housing Density Bonus program, which means developers will be able to build more units in the allotted space.The council also approved Faulconer’s 46 recommended updates to the land development code including easing zoning regulations to create more live/work developments, implementing parking exemptions for designated historic structures and changing ground floor height limits to allow for three-story buildings in 30-feet high limits.Some proposed changes to the Density Bonus Program include: 841

SAN DIEGO (KGTV) - The woman who was shot in the forehead by a police bean bag during Saturday's protest in La Mesa is slowly recovering but her attorney told 10News that the family is still desperate for details from police about what happened.10News has video of 59-year-old Leslie Furcron as she was recording a Facebook Live. She is heard yelling and then the phone drops and the screen goes black.“She was struck in the forehead with a ballistic bean bag projectile,” said attorney Dante Pride during Thursday’s interview with 10News.Pride said Furcron was among the thousands of people in front of the La Mesa Police Department. He said that she was peacefully protesting police violence and the killing of George Floyd when he said that it all turned to chaos and an officer fired at Furcron. On Wednesday, the department said that once officers deemed the gathering to be an unlawful assembly, they began to use measures to disperse protestors, including tear gas and bean bag rounds. Furcron was placed in a medically induced coma with a breathing tube, which was just removed. “On June 3rd, they took the tube out of Ms. Furcron’s mouth. She is still is unable to speak at this point and she did have a surgery I believe on the 2nd to repair the damage to her forehead,” added Pride. He said that doctors still don’t know if she’ll lose an eye.On Thursday afternoon, La Mesa Police reported that the investigation is ongoing and there are no new details to release.Pride said he believes that a third party should be investigating the incident and that the officer who fired the bean bag should face criminal charges if it's deemed appropriate. “There should never be a point in time where an officer should shoot a metal projectile bean bag from an elevated position down on a crowd. That is dangerous and it can kill people and it almost killed Ms. Furcron,” he added.Assemblywoman Lorena Gonzalez tweeted about the use of less lethal weapons on protestors. Her tweet reads, “In response to recent days filled with images of peaceful protestors maimed by rubber bullets, we will be introducing legislation to set clear standards on how law enforcement should (and shouldn’t) use these weapons. On Thursday, her office sent 10News the following statement:“No one who is simply exercising their right to protest should face possible injury or death because officers are indiscriminately firing rubber bullets into a crowd. Breaking a city-imposed curfew is not a sufficient basis for use of rubber bullets. Crowd control where there is no rioting is not proper grounds to use rubber bullets. It is past time for the State of California to set clear standards on when and how these bullets are used by law enforcement.” 2736

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