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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) — Though some of Balboa Park and its museums have partially reopened, the San Diego Natural History Museum will remain closed until 2021."The Nat" is keeping its doors closed for the rest of the year, despite whether public health orders allow the museum to reopen with coronavirus-related restrictions. Officials said the decision to keep the museum closed "was not an easy or obvious decision."During the five-month closure, museum staff said they will focus on exhibition space projects and programs, including:A new "California Blooming" exhibit upon reopeningConstructing an ADA-compliant ramp on the museum's east entranceDeveloping a new museum cafe and retail storeConverting a row of staff offices on the fourth floor into a gallery for future exhibitsCompleting a master plan for gardens outside the buildingThe museum is also reimagining its Canyoneers program to virtual hikes and recommendations and developing more digital options for the community, and students and teachers."The museum we closed in March will not be the same museum we reopen," said Judy Gradwohl, president and CEO of The Nat."Our future will combine the best of our work before and during the pandemic in a hybrid model that connects people with the wonder of nature on-site, online, and out in nature."In the meantime, staff say they plan to stay engaged with the community.“I look forward to seeing how our creative and energetic staff will make the most of the next five months,” said Gradwohl. “To borrow an analogy from the monarch butterflies I’ve been rearing this summer, I look at this extended closure and our eventual reopening as emerging from a chrysalis, not a hibernation.”The museum has been able to keep about 100 of its full-time and part-time staff and doesn't expect any changes to those positions. They are currently working remotely, on-site, or in the field around the county. Since closing in March, some staff has been furloughed or laid off.The museum could reopen on select dates around the holidays if public health orders permit and staff believe it is safe to do so. 2106

SAN DIEGO (KGTV) -- The South Bay continues to be devastated by the coronavirus, with several of the hardest hit ZIP codes in the region.According to San Diego County data, the hardest hit ZIP code is 92154. The area, which includes Otay Mesa and parts of Imperial Beach, has the most cases in all of the county. In the last 30 days, cases have jumped from 3,290 to 4,528. Over 1,200 of the cases in this ZIP code happened in the last month.Other ZIP codes in the region have more than doubled their case rate in recent weeks. These ZIP codes have a large Latino population; Latinos have been disproportionately impacted by the pandemic, making up a majority of the county's positive cases while only making up roughly 34% of the population.INTERACTIVE MAP: CONFIRMED COVID-19 CASES IN SD COUNTYNancy Maldonado from the Chicano Federation said it's no surprise the region continues to see the high number in cases. Maldonado explained that many of those who live in the region are essential, frontline workers and often times live in multi-generational households.The Chicano Federation has distributed over 7,000 COVID-19 safety kits to the community, including things like masks, hand sanitizer and thermometers.Maldonado said the focus of the federation has been to continue raising awareness about this virus, encouraging testing, and encouraging the community to stay home during the upcoming holidays. 1415

SAN DIEGO (KGTV) — The San Diego City Attorney's Office has filed charges against a man accused of harassing multiple women at a Mission Valley shopping center.Three misdemeanor charges were filed against Orlando Chavez of San Diego, including two for false imprisonment, and one for criminal assault and battery. The City Attorney's Office says Chavez held some women against their will by climbing under their cars and refusing to come out.City officials say Chavez would approach most of his victims in a shopping center at 10330 Friars Rd. In one instance, he reportedly grabbed one woman by the arm and told her, “You can flatten me out any time.” The City Attorney's official initially indicated the incidents took place at Westfield Mission Valley, but later said that was incorrect.In another instance, he reportedly followed a woman into her workplace, and approached another victim as she waited to pick up her children at school. City officials say police investigated him for stalking that woman for nearly two years and slashing the tires of her husband’s car."Everyone has the right to feel safe when going to work, shopping, or picking up their children at school," City Attorney Mara Elliott said. "As City Attorney, I take seriously threatening and harassing behaviors like this and will hold accountable individuals who endanger the safety of any San Diegan."Investigators added that Chavez, 72, has a history of crawling under women's vehicles to prevent them from leaving dating back to 2018.In multiple incidents, he was seen driving a white Chevrolet truck, with a personalized license plate reading HINUF. Any additional witnesses or victims are urged to contact the City Attorney’s Criminal Division at 619-533-5500. 1748

SAN DIEGO (KGTV) -- The San Diego Food Bank on Thursday selected 35 nonprofit organizations around the county with the goal of giving them the food and supplies they need to continue helping families in their area.La Maestra Community Health Center provides health and support services to families from the South Bay to East County. Many of those they serve come from low-income households.Before the COVID-19 pandemic, they helped about 300 families a week. Since then, that number has doubled, and they’re now feeding close to 600 families a week.At a news conference with mayors from San Diego, Chula Vista, and Escondido, the San Diego Food Bank announced the kickoff of their “Super Pantries” program, where they have partnered with 35 pre-selected organizations.Instead of holding the mass distribution food events that they’ve done in the past, the Food Bank will now focus on providing these organizations with food and supplies.San Diego Food Bank President/CEO James Floros said, “Now with the grass roots approach, they can go into their communities and get what they need.”Each organization will also get a check for ,000. Robert Marquez of La Maestra said that money will go towards buying a new delivery truck so they can continue their work in the community.The super pantries will begin serving families on July 1. 1341