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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) — The trial of the Navy veteran accused of stabbing his wife, then dumping her body into the San Diego Bay, got underway today at San Diego Superior Court. Matthew Sullivan sat quietly next to his lawyers, nearly four years after the gruesome discovery of his wife, 32-year-old Elizabeth Sullivan. "She said, 'Hold on a sec.' And then she said 'I got to go,' quietly, and I didn't hear from her anymore," Calandra Harris said while wiping her tears. Harris described herself as Elizabeth's best friend. The two met while working together at Hampton University in Virginia. She said the last conversation she ever had with Elizabeth was on the day before she went missing in October 2014. Despite living on opposite coasts, Harris said she and Elizabeth talked every day. Harris said Elizabeth often consulted her about her tumultuous marriage with her husband. Both husband and wife filed domestic violence charges against each other, and the couple slept in separate rooms in the same Liberty Station home. So when Elizabeth went missing, Harris said she was worried, especially when she saw Sullivan's new Facebook post. "I noticed that he posted that he was in a relationship with Kay Taylor," Harris testified. "And when did you see that?" Deputy District Attorney Jill Lindberg asked. "Less than 30 days after and Liz was missing," Harris said. In October 2016, on the same day that Matthew was moving to Maryland with his new girlfriend and children, Elizabeth's decomposed body was discovered floating in the San Diego Bay. At this time, Matthew was not a suspect. But after months of investigating, police found blood underneath the carpet, and a knife hidden in the insulation of the Liberty Station home the couple once shared. "They can see blood in some of the crevices, down where the blade comes out of the handle and the bolts on the side," Lindberg said while displaying the knife to the jury. "They checked it, and they found Elizabeth's DNA and blood. A tiny bit of the defendant's, mostly the victims."The defense team agreed that the blood was Elizabeth's. But they said the mother of two, who had infidelity issues and abused drugs and alcohol, hurt herself. "Elizabeth had broken a mirror," Defense Attorney Marcus DeBose said. "Taking a large shard of glass out of the mirror, she inflicted a deep wound. She was bleeding profusely all over the third-floor bedroom."Both the prosecution and defense teams will call on additional witnesses starting Monday. 2504

SAN DIEGO (KGTV) - The vision of SDSU's future home field is coming into focus after brand new renderings were unveiled Saturday at Aztec Football Fan Fest.This comes after a November ballot measure to redevelop the SDCCU Stadium site with a professional soccer stadium. It was handily rejected by voters, who favored a competing plan that will include a new stadium for San Diego State University football."We have designed a stadium that works for Aztec football, but it's going to work for soccer, it's going to work for concerts, the concourse was developed in a way that it's going to be able to be used 365 days a year," Athletics Director John David Wicker said.READ RELATED: Sources: SDSU meets with Major League SoccerWhen students saw the new plan, they were ecstatic, "that's so awesome! It would be amazing to finally fill the stadium for once because it feels empty but we know there's a bunch of people here," SDSU student Taylor Adams said.The new stadium would seat up to 35,000, position the student section behind the goal posts and create dining designed for students."That are discounted for them. Our goal is they'll be able to use their Red ID, the money that's on their Aztec dining plan that they can use there," Wicker said."I'm all for it because students are really on a budget out here," SDSU student Lindsy Peterson said. "I'm not trying to spend on water anymore," Adams added.The new stadium is projected to cost 0 million, according to officials. The Environmental Impact Report is accepting public comment through October, Wicker said. They hope to break ground in the Spring of 2020 and have their first game in their new stadium September 3, 2022, against University of Arizona. 1727

SAN DIEGO (KGTV) -- The Trump Administration has declared success after a night of military strikes in Syria meant to cripple the country's ability to use chemical weapons.In San Diego, there are mixed emotions to the news.Some argue the strikes should never have happened while others say they didn't go far enough.  330

SAN DIEGO (KGTV) - There are jobs for college students. And then there's Woodstock's Pizza. Woodstock's is not an ordinary college job. "We look at all of our extended employees as part of the Woodstock's family," says Jeff Ambrose, CEO of Woodstock's Pizza. If Woodstock's is a family, then Jeff Ambrose is the Godfather. Ambrose began his career with Woodstock's right out of college back in the early 1980s. He's grown up with the restaurant since his college days at Oregon State doing everything from delivery to management. It was then Jeff learned about treating employees like family from original owner Chuck Woodstock decades ago in Corvallis, Oregon. "Chuck had this vision of having a Woodstock's Pizza in every college town west of the Mississippi," adds Ambrose. RELATED: City of San Diego's 10 steps to launching a small business or startupSo, when Chuck decided to bring a Woodstock's to Santa Barbara in 1982, he asked Jeff to help open it. Not only that, Jeff was given the opportunity to own 25% of the restaurant. That opportunity for employees to own part of the franchise continues to this day with Jeff. "Because I think it's the right thing to do," Ambrose answers when asked why. In the mid-1980s Chuck Woodstock died in a plane crash. It was Jeff who took over the chain in California including two restaurants here in San Diego. And to this day, his managers have opportunities to buy stock in Woodstock's."That was a big part for me of saying we want to give back," says Ambrose. "We want people to share in the success of the store, and I've just really been passionate about that ever since."RELATED: Making it in San Diego: Entrepreneur builds breakfast empireAnd that's not all. Employees are paid above minimum wage; those who work more than 30 hours a week are offered medical and dental benefits. Woodstock's was doing this long before the Affordable Care Act became law. "My thought is that we want to keep and retain the best people we can keep and retain," says Ambrose confidently. Yesenia Rios is a great example. "I personally need a job that can be flexible with me," says Rios. Yesenia is an engineering student at San Diego State. She started at Woodstock's a couple of years ago making pizzas. Now she's in administration working in the company's I.T. Department. RELATED: San Diego nonprofit helping entrepreneurs launch business dreams"This is my chance to really make something of the things I've been learning in school and get within project management," adds Rios.Jeff and his wife Laura have seen employees come and go over the years. For some, it is just a college job. But for the Ambroses, they're all family."It's very heartwarming, I tear up," says Ambrose holding back tears. "This may not be their lifelong job like it has been for me, but we hope to give them skills that they can take other places." 2868