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SAN DIEGO (KGTV) - The trial started Wednesday for two San Diego County Sheriff’s deputies facing criminal charges after an arrest in Vista. Deputies Nicholas Morgan and Joshua Nahan are charged with assault for what District Attorney Summer Stephan calls illegal actions during the encounter. Gerardo Martinez Jr. and his father were taken into custody last May after the deputies responded to a domestic violence call. RELATED: Controversial video of sheriff's deputies prompts investigationMartinez Jr.’s girlfriend had called 911 to report being punched by her boyfriend. Part of the 911 call was played for jurors during opening statements Tuesday. The panel also saw cell phone video of the arrest recorded by a neighbor. The now-viral video shows Deputy Nahan push Martinez Sr. into a fence while handcuffed. Martinez Jr. was repeatedly struck in the head by Deputy Morgan while on a concrete sidewalk. “Law enforcement officers hold a position of trust in our community and are required to abide by the rules in the exercise of their powers. The evidence on which the charges are based shows the force used by the two deputies exceeded the legal line, violating that public trust. For justice to thrive, it is important that no one is above the law,” Stephan said in November. RELATED: San Diego County DA's Office files charges against deputies involved in violent arrest The San Diego County Sheriff’s Department sent a statement to 10News last fall, which read in part, “The Department does not tolerate misconduct of any kind. We have the utmost confidence in the criminal justice system and we will continue to coordinate with and support the District Attorney's Office as these cases move through the judicial process." If convicted, Deputy Morgan could face up to two years in jail. Deputy Nahan could face one year for misdemeanor assault, if a jury finds him guilty. 1891

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) — Thousands of people enjoyed San Diego County beaches, despite the ongoing Beach Hazard Warnings.The National Weather Service announced there would be high surf, high tides, and strong rip currents on the San Diego County coastline. This Beach Hazard Warning continues until Sunday. Whether you're playing, laying, or even working on this July 4th holiday, spending time at Mission Beach was a dream come true. Especially if you were the Newman family, escaping the Phoenix heat. "When we left, I think it was 114 degrees," Bryant Newman said. They said it just doesn't compare. "We used to hang out a lot at the resorts there locally [in Phoenix], but we have been coming to California for Fourth of July for the last for five or six years," Newman said.But let's not forget about the Beach Hazard Warnings, still in effect until Sunday. "They did warn us about high surf before I left the hotel this morning," visitor from LA, Saira Kinuthia said. Kinuthia is not letting her two boys out of sight. She said while they are here for fun, safety comes first. "We had our talk, and if the lifeguard says that we need to come out of the water, then we have to come out of the water," Kinuthia said. Also keeping a close eye, there was a large police presence along the beaches and boardwalk. While most of the patrols were for alcohol, officers were also regulating the new e-scooter rules that took place on July 1st. Riders must slow down to 8 miles per hour on the boardwalk. But 10News saw many people zooming by. One was an accident between a double-rider and an elderly gentleman, walking on the boardwalk. All parties were okay. San Diego Police said they are giving many verbal warnings and a few citations for what they consider egregious e-scooter violations. Whether it's on the scooter or in the ocean, please remember. Safety First. 1870

SAN DIEGO (KGTV) — The weekend before Fat Tuesday is full of Mardi Gras fun in San Diego.Saturday revelers can jump into the Big Easy Bites & Booze Tour in the Gaslamp District, the Cajun Festival in Vista, or bar hop downtown for more Mardi Gras fun.There are plenty of educational opportunities around town, with Museum Month in full swing, and special exhibits at the Fleet Science Center, San Diego Art Institute, and San Diego Automotive Museum.MORE: Don't see anything you like? Check out our event calendar for even more local eventsSan Diego park rangers name most scenic hikesAnd the world-famous Harlem Globetrotters stop into San Diego for a night of high-flying dunks and incredible skill on the court.THURSDAYIllumination: 21st Century Interactions with Art + Science + TechnologyWhere: San Diego Art Institute; Cost: FreeThe San Diego Art Institute hosts a free exhibit featuring an interactive show created by 26 artists. Guests will experience art through light, sound, metal, textiles, soundscapes, and more. The exhibits will walk visitors through issues like climate change, global health, and sustainability through art.That '70s Car ShowWhere: San Diego Automotive Museum; Cost: - (Thursday - Sunday) Check out the defining era of automobiles that was the 1970s in a new exhibit at the San Diego Automotive Museum. From social changes to political upheaval to technology, the 70s had a profound impact on the automotive industry and U.S. manufacturing. See how the past's innovations fueled what we drive today.FRIDAYSan Diego Gaslamp Mardi Gras bar hopWhere: Gaslamp District; Cost: Starting at (Friday - Saturday) Celebrate Fat Tuesday and Mardi Gras in San Diego with access to 20 Gaslamp area bars and restaurants, drink specials and welcome drinks, live music, after-parties, and more over multiple nights.Museum MonthWhere: Various locations; Cost: Prices vary(Saturday - Sunday) Throughout the month of February, San Diegans and visitors can pick up a special, free pass to save 50 percent at more than 40 museums throughout the city. Museums like the Fleet Science Center, Maritime Museum, San Diego Air & Space Museum, Natural History Museum, and many more are participating in the special month.SATURDAYCajun FestivalWhere: Ebullition Brew Works; Cost: FreeHead over to Ebullition Brew Works in Vista for a day of Mardi Gras celebrations with Cajun food; a costume contest for adults, kids, and dogs; and live music from The Bayou Brothers.Big Easy Bites & Booze TourWhere: Gaslamp District; Cost: San Diego's Big Easy Bites & Booze Tour serves up New Orleans-inspired eats and cocktails throughout the Gaslamp District, with beads, Carnival music and dancing, and entertainment at every stop. The self-guided stroll gets ticket holders more than dishes and drinks at participating bars and restaurants.Tidepooling adventuresWhere: Birch Aquarium; Cost: - Sign up to hit the tidepools at Birch Aquarium, where trained naturalists will walk guests through how to tread lightly over tidepools to discover and learn about the variety of life teeming on our shores.SUNDAYDaybreaker SDWhere: Quartyard; Cost: Daybreaker SD is leading a dance party in the heart of downtown, waking up Sunday with several DJs placing live music, free kombucha, breakfast bites, concert, and entertainment.IMAX Film FestivalWhere: Fleet Science Center; Cost: .95 -.95Fleet Science Center is hosting a day of Earth's wonders in glorious IMAX, with films reaching into the depths of the ocean, vast forest escapes, and fiery volcanoes during their IMAX Film Festival showcase.Harlem GlobetrottersWhere: Pechanga Arena; Cost: - 3The limits of basketball have yet to be met and the Harlem Globetrotters always show just that. This weekend they head to Pechanga Arena to demonstrate their unbelievable skills on the court, high-flying antics, and record-breaking attempts in a family-friendly showcase. 3959

SAN DIEGO (KGTV) — The wife of ex-NFL tight end Kellen Winslow II has filed for divorce, months after the former footballer was convicted of rape.Janelle Winslow filed documents for divorce on Aug. 30 in San Diego, according to records. The couple has been married for 13 years and have two children together.In June, Winslow was found guilty on three counts including rape, lewd conduct, and indecent exposure, stemming from accusations he raped three woman and exposed himself to two others.RELATED: Kellen Winslow Jr. tells 10News he's 'innocent' in rape caseThe jury, however, was deadlocked on eight other charges, including rape and kidnapping in connection with two other women. Prosecutors have moved forward with a second trial against Winslow, set for Sept. 30.If convicted of those eight charges, Winslow faces up to life in prison. 851