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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 female sea lion Monday wandered onto the streets of Point Loma, prompting spectators to gather and springing a rescue team into action.According to a passerby, the sea lion was spotted in the middle of Garrison Street around 4 p.m.According to crews, the sea lion would’ve had to cross Rosecrans Street to get to Garrison. Rescuers from SeaWorld responded to the scene, adding that the sea lion appears health and at a normal body weight, but they’ll need to further examine her to learn more.SeaWorld also said it’s unusual for a sea lion to wander that far away from the bay, but the animals have been found on porches, inside hotels and on driveways. 683

SAN DIEGO (CNS) - Three newly activated teams of chaplains certified as handlers of specially trained service dogs will offer added emotional support services to the employees of the San Diego Fire-Rescue Department, the agency announced Tuesday."We are excited to introduce our three canines," San Diego Fire Chief Colin Stowell said. "They are highly trained and available to our employees for emotional support in dealing with traumatic or emotionally challenging incidents. ... Using canines has proven successful in so many other areas, and we know these dogs will fit right in with our fire family."The SDFRD Crisis Response Canine program will be administered by chaplains Debi Arnold, Dan Guarrero and Betsy Salzman, making use of the skills of their dogs, Ty, Bodie and Genoa.Ty is a 6-year-old mini goldendoodle owned, trained and handled by Arnold, who bought him when he was 12 weeks old. They have two years' experience with a local trauma intervention program.Bodie, a 2-year-old Labrador retriever, was trained and placed by Next Step Service Dogs, which prepares canines for active-duty military personnel, veterans and first responders who have post-traumatic stress disorder and/or traumatic brain injury, SDFRD spokeswoman Monica Munoz said.The total cost for Bodie and his training was about ,000. Guarrero is responsible for the dog's ongoing costs, such as food and veterinary bills, with support from the San Diego Fire Rescue Foundation.Genoa is a 2-year-old Labrador retriever who lives with and is handled by Salzman. They have visited a variety of SDFRD facilities and supported personnel at emergency incidents. Salzman is responsible for Genoa's ongoing costs, with support from the firefighters' foundation.Bodie, Genoa and Ty are certified through Next Step Service Dogs, an Assistance Dogs International accredited organization. The chaplains and their canines have completed more than 120 hours of training, and they will continue to receive instruction through NSSD, Munoz said.The SDFRD's chaplaincy program is made up of 17 volunteer religious leaders from a variety of faiths. There are two chaplains assigned to each battalion, one to the lifeguard division and one to the emergency command and data center, as well as one administrative chaplain, Munoz said. 2308

SAN DIEGO (KGTV) — City leaders say they're making strides in overhauling its water department after a disastrous 2018. In a presentation to the Audit Committee Wednesday, city public utilities managers said they had implemented about a dozen reforms after a series of missteps last year. In 2018, thousands of San Diegans received erroneous water bills, which an audit largely blamed on human error. A later audit found that some meter box and lid replacement workers were fudging time cards amid a 22,000 unit backlog. RELATED: New round of complaints on high water bills"We needed to change the culture and make sure that all these issues were addressed," said Johnnie Perkins, San Diego's deputy chief operating officer. Perkins said the Public Utilities Department has implemented new, efficient work strategies. These include getting workers out to the field faster, overhauling how customer service representatives interact with residents, and using software to pick routes that make sense. Previously, for example, workers could be sent to do water meter work in Rancho Bernardo only to be sent to San Ysidro. The city auditor is currently monitoring the progress.RELATED: Audit shows City sent thousands of faulty water billsBut Rodney Fowler Sr., who heads the union that represents meter replacement workers, said the changes aren't addressing obvious issues: The department is understaffed, and the vehicle fleet is unreliable. "They're 10 years old," said Fowler Sr., president of AFSCME, AFL-CIO Local 127. "A private contractor would never use a service vehicle 10 years because it starts to cost them money."Perkins said the city could contract out for workers to address the backlog, and is currently assessing investments in new equipment.RELATED: City to begin building alternative to SDG&ECity Councilman Scott Sherman, who chairs the audit committee, said the issue is not as simple as staffing and equipment. "It needs to be a give and take," he said. "We need to do some of those things that the unions want to do, and they need to do some of the things that we want to do." 2107

SAN DIEGO (KGTV) -- A family from Chula Vista is desperately looking for their 9-year-old loved one. Erik Ochoa was swept away by the current in Rosarito on Easter Sunday. Ochoa lives in Tijuana with his father. His sisters, Zusel and Hilary live in Chula Vista. The boy was with two other children walking along the beach in Rosarito when they were swept away. One boy made it out of the current and ran to get an adult nearby. The third child washed ashore, lifeless, 25-minutes after going missing. Erik hasn't been seen since. The sisters have been looking for their brother since they heard about what happened. They've been going from Imperial Beach all the way down to Border Field State Park.The Mexican Navy is actively searching on the Mexican side. The U.S. Coast Guard broadcast a message to boaters telling them to be on the lookout. Erik was last seen wearing green shorts and a striped shirt. The family tells 10News the Mexican Navy will search until Sunday.  1008