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SAN DIEGO (KGTV) -  A San Diego man walked up to a horrifying sight:  his wife bloodied and unconscious in Balboa Park.Donna Gookin and her husband Ed were part of a group participating in orienteering last Wednesday in the early evening.  Orienteering is hiking sport that combines a compass, a map and locating markers.  The two were on separate parts of the trail. Not far from the Cabrillo Bridge, Ed found a cluster of emergency personnel around his wife, unconscious and about two feet from a pool of blood."Scared and fearing the worst. I may have lost my wife," said Ed Gookin.RELATED: Elderly veteran attacked in North Park while riding mobility scooterHis wife survived but suffered several fractures in her eye socket and bleeding in her brain.  She remembers regaining consciousness in the hospital the next day."A headache and wondering what happened," said Donna Gookin.Her last memory was choosing to go on a less steep path.  But her husband doesn't believe she fell. RELATED: Police investigating after body found in Balboa Park"I think somebody hit her.  Somebody clubbed her," said Ed.He says his wife, who has thin skin, had no injuries on her body.    "She would have been very bloodied and torn up, because of her skin, if she had ... fallen," said Ed.RELATED: 29-year-old stabbed on bench in Balboa ParkEd also points out her clothes were not sandy and there were no rocks near her that could have caused her injury.  If she was attacked, the couple hopes a witness will come forward."I want other people to be safe and think they would be safe walking on the trails in Balboa Park," said Donna.10News recently profiled an 81-year-old man who says he was struck near his eye by a man with a rock-filled sock in North Park the night after the Balboa Park incident.Police have yet to say if they're looking into a link.  If you have any information on the cases, call Crime Stoppers at 888-580-8477. 2013

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 burglary at a shuttered salon in the College Area has dealt a 'punch to the gut' to an owner struggling to keep her business open.Just before 6 a.m. Sunday morning, video shows someone at the door of 'DO Beauty Boutique on El Cajon Boulevard. In the video, the door can be heard being pried open for several minutes, before the burglar lets himself in. Another intruder soon follows. With flashlights shining, they go shopping for more than 20 minutes before ripping down the surveillance camera."It's gut-wrenching. Just trying not to cry," said salon owner Tiffany Schaaff.Schaaff who opened the salon three years ago."They cleaned us out. Definitely a punch to the gut," said Schaaff.Shelves full of retail hair products are now empty. Also missing were tools of the trade, including flat irons, blow dryers, and scissors. The thieves even took drawers to carry out their haul.The total loss, including damage to the front door, is now at ,000 and climbing. Schaaff has insurance, but even the deductible is a hardship."Very trying. Definitely a month-to-month situation as to whether we are going to continue," said Schaaff.The salon is in its third shutdown of the pandemic. Yearly revenues are down about 75%."We’re bleeding out our pockets ... There’s 0 left in the salon account and we’ve cleared my savings," said Schaaff.An emotional Schaff vows to fight to keep her salon open, but it’s getting tougher every day, and this break-in just dealt her even more pain."I am going to continue persevering. I'm going to try to do that the best I can. At what point do we keep continue taking a hit on a personal level for a business, but it’s also my dream. That’s the line we’re towing," said Schaaff.A Gofundme campaign has been set up to help the salon recover.Anyone with information on the case if asked to call Crimestoppers at 888-580-8477. 1884

SAN DIEGO (KGTV) - A former San Diego Unified School District student and football player is suing the district.The lawsuit filed by Jason Srouy alleges he was never informed of the potential financial and legal risks of participating and playing an organized sport if a lawsuit were to be filed alleging any negligent or other claims against the student-athlete.In 2018 Srouy and the school district were sued by a referee. The referee was injured during a 2015 game and claimed it was done on purpose. He alleged Srouy had a history of unsportsmanlike conduct known and encouraged by the coaching staff.At the time Srouy told 10News he was playing wide receiver during the game, tasked with blocking the opposing cornerback. During the block, he says the opposing player fell onto the back of the referee's legs, injuring the official.In a previous interview, Srouy said after learning of the lawsuit a school official led his family to believe the district would help him; however that was not the case. “It wasn’t on purpose, it was an accident, I didn’t mean to hurt anybody," said Srouy.Srouy’s attorney tells Team 10 he was eventually dropped from the lawsuit but not before racking incurring more than 5,000 in costs and fees.A spokesperson for the district says they can’t comment on pending litigation. 1323

SAN DIEGO (CNS) - This fall could bring dangerous wildfire conditions to San Diego and surrounding areas of the county, according to a report scheduled to be delivered Monday to the City Council's Public Safety and Livable Neighborhoods Committee.In his presentation, San Diego Fire-Rescue Department Chief Brian Fennessy notes that winter rains promoted more grass growth than usual throughout the city. That grass has since dried out, he said.RELATED: Cal Fire uses new technology to help with upcoming wildfire seasonThe chief also said the long-range weather forecast calls for little to no rainfall."With the dry vegetation, high temperatures, low humidity and high easterly winds, the next three months could be very busy for all fire stations within the city and throughout the entire county," Fennessy wrote. "If the fires occurring in the north and central part of the state (are) any indicator of what is to come for San Diego, we could be in for an extremely active and potentially dangerous three months."Through Sept. 10, Cal Fire has responded to more than 5,100 fires throughout the state this year, which have scorched over 229,000 acres. The five-year average for the same time period is almost 3,900 blazes and 156,000 acres, according to data from Cal Fire, which provides fire protection outside major cities.RELATED: Largest fires in San Diego County historyWhile the conditions for wildfires could be risky, the department is adequately staffed and equipped to respond to blazes that break out, Fennessy said. He said the SDFRD has a dozen brush engines, two water-dropping helicopters and access to the San Diego Gas & Electric heli-tanker.City crews have also been inspecting properties along canyon rims for overgrown brush, he said.RELATED: Teen suspected of starting massive Oregon wildfire, state police say 1862

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