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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 White House confirmed Tuesday that it is reviewing the Deferred Action for Childhood Arrivals (DACA) program.It comes as the Department of Homeland Security announced changes to the program that gives protection to some undocumented immigrants who came to the U.S. as children, guarding them against deportation.In a news release, DHS announced the following changes to the DACA program:Reject all initial requests for DACA and associated applications for Employment Authorization Documents;Reject new and pending requests for advanced parole absent exceptional circumstances; and,Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.Last month, the Supreme Court blocked an attempt by the Trump Administration to end DACA altogether.DACA supporters are expected to go to court to stop the changes announced Tuesday. 925

SAN DIEGO (KGTV) — There won't be a single Division 1 college football game played in San Diego this year, leaving local athletic directors searching for revenue streams.Another side effect of coronavirus-related restrictions have been cancellations across the U.S. for college athletics. The impact to some universities and college communities could total in the hundreds of millions of dollars."It can be anywhere from a million hit to a couple million dollar hit," says SDSU Athletic Director J.D. Wicker.And even if games can be played in California, restrictions on fans will leave a hole in revenue."We have tightened our belt. We've made across the board budget reductions," USD Athletic Director Bill McGillis said. "The amount of ticket-related revenue is going to be zero."McGillis adds that when the Pac-12 postponed basketball games in November and December, it cost the Toreros lucrative games at UCLA and Washington."That's a six-figure revenue loss," McGillis said.Meanwhile, Wicker is hoping to play enough football this spring to avoid losing money from a new TV deal that was supposed to kick in this fall. That deal would net the Aztecs to million per year."If we can deliver the number of games required for our TV contract, then we'll still generate that revenue," Wicker said.Both athletic directors say boosters will play a bigger role in helping both college weather the financial storm from the pandemic."The private funds that we receive from our generous donors make our programs possible," McGillis said. 1550

SAN DIEGO (KGTV) - The son of a San Diego murder victim made a plea Friday for the public to help find his father’s killer.Salvador Hernandez, 26, was shot and killed February 16, 2008, in Oak Park.He and a woman were sitting in a parked car on Seifert St. near Holy Spirit Catholic Church at 3:30 a.m. when a pickup truck pulled alongside their car and someone inside opened fire.The woman recovered from her bullet wounds but Hernandez died, San Diego Police said.During a news conference outside police headquarters, family and friends, including Hernandez's mother, sister and 12-year-old son Angel spoke about their loss. "Please if anyone has any information, I'm begging you, I never knew him," sobbed Angel, before turning to his grandmother for comfort.  San Diego County Crime Stoppers, 888-580-8477, and the San Diego Police Homicide Unit, 619-531-2293, are requesting public tips with more information to find the killer. You can remain anonymous."Any little bit of information could be the information we need to solve this case," said Lt. Mike Holden. 10News Anchor Lindsey Pe?a has the family's pleas for answers on 10News at 5 p.m. 1200

SAN DIEGO (KGTV) -- There are more concerns about vacation rentals in the Bankers Hill area, following action taken by the City Attorney’s office to shut down what they called a COVID party Airbnb on 2nd Avenue.The civil enforcement action cited concerns over gatherings during coronavirus-related restrictions and numerous other violations, from lack of permits to not obtaining proper tax licenses. According to the complaint the homeowner David Contreras Curiel, did not pay required taxes or fees to operate a vacation rental. It also alleges Curiel illegally made numerous renovations to the home.“From packing a party house during a pandemic to illegally renovating an entire property, the conduct of the defendants in this case is egregious and unacceptable,” City Attorney Mara Elliott said in a news release Friday.On Monday, ABC 10News spoke to a neighbor who lives next to another Airbnb rental on 3rd Avenue. Records show the rental is also owned by David Curiel. The home is listed as The Alfred Mansion on Airbnb’s website.“It’s disruptive every weekend,” one neighbor told ABC 10News. He did not want to be identified, but he said the parties picked up at The Alfred Mansion a few months ago.“Two weekends ago, there was a wedding there with at least 40 people. Nobody had a mask on,” the neighbor said. He added that he has made several complaints to police and the City of San Diego, but nothing had been done. He also had not heard anything from Airbnb regarding his concerns.Curiel did not return requests for comment. Early Monday afternoon, ABC 10News contacted Alex Mendez, the person who helps manage the property and deal with guests.On Monday evening, Mendez called the allegations against the Airbnb properties “unwarranted.”Regarding the city action taken against The Ashley, Mendez said that he and the owner were willing to work with the city. When he asked to reschedule a meeting with code enforcement a couple months ago due to Curiel’s travels, Mendez said the city was not willing to be flexible.Instead of a code enforcement officer calling him back, someone from the City Attorney’s office contacted him, Mendez said.He and Curiel were both caught off guard by the city’s allegations.“We, by no means, have a party house. The house rules are very strict,” Mendez said.Mendez said he has been willing to work with any neighbors who have had issues with the Airbnb properties. “We’re very responsible,” he said, adding that it is also not fair for “neighbors to complain any time there’s any little noise and mischaracterize it.”A spokesperson for the City Attorney’s office could not say whether or not the property on 3rd Avenue was being investigated, but told ABC 10News that the case against The Ashley could affect the other rentals owned by Curiel.“If granted, our injunctive relief would apply to any properties within the county owned by Mr. Curiel that have one or more of the same-type violations that are listed in our complaint,” a spokesperson said.Airbnb has not responded to this latest allegation, but previously told ABC 10News that hosts are not allowed to authorize parties where current public health orders prohibit gatherings, like in San Diego County. 3217