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SAN DIEGO (KGTV) -- A 37-year-old man was arrested and booked after trying to snatch a toddler from their parent's car outside of a Costco in Vista, according to San Diego County Sheriff’s Department.The incident happened just before 3 p.m. in the parking lot of the store located at 1755 Hacienda Drive.Sheriff's Sgt. Nanette McMasters said a woman, her fiancée, and their two small children were backing out of a parking stall when the suspect opened the rear vehicle door. The suspect attempted to remove the 2-year-old child from the car.The child's parents got out of the car and confronted the suspect, identified as Adam Glavinic."The incident drew a crowd and a physical confrontation occurred between the father and Glavinic," said McMasters.An off-duty sheriff's employee and other witnesses intervened in the confrontation and held the suspect until two deputies from the Vista Sheriff's Station arrived on the scene.Glavinic was arrested for attempted kidnapping and being under the influence of a controlled substance. He was booked into the Vista Detention Facility, according to McMasters.It's unknown at this time if the toddler, the father, or the suspect suffered any injuries during the incident.The incident remains under investigation. 1265
SAN DIEGO (KGTV) -- San Diego leaders returned from their trip to Mexico City on Wednesday night. The three-day trip focused on building stronger border relations. The trip comes a week after President Trump threatened to close the border if congress didn't come up with an immigration deal or if Mexico didn't stop migrants heading north. The delegation included San Diego and Imperial Beach mayors, Kevin Faulconer and Serge Dedina and former mayor Jerry Sanders. Several city council members from various cities also attended meeting with top Mexican officials. A big topic of conversation was the ongoing Tijuana sewage issue. Impeiral Beach Mayor, Dedina, says the conversations were positive and promising. Dedina says plans to fix the issue include reapairing the water plant that's currently spilling the sewage, taking all of the water out of the Tijuana River Valley and putting an earth-fill dam on the Mexican side to stop the sewage from getting to the beaches. San Diego leaders say the trip was productive and explained that the end goal was to find solutions to enhance the region for the benefit of both countries. 1142

SAN DIEGO (KGTV and CNS) -- Opening statements will likely begin Thursday morning in the retrial of Kellen Winslow II, who is charged with raping a woman in Encinitas and an unconscious teen in Scripps Ranch in 2003. Winslow was previously convicted of raping a homeless woman and exposing himself to two others. After a week of deliberations, the Vista jury found Winslow guilty of raping a woman in Encinitas and exposing himself to two others, but deadlocked on eight other charges. Those charges included rape and kidnapping in connection with two other women. RELATED: Kellen Winslow II to face second trial in North San Diego County sex assault caseSuperior Court Judge Blaine Bowman declared a mistrial on those counts.The 35-year-old son of former San Diego Chargers legend Kellen Winslow was acquitted of committing lewd conduct in front of Jane Doe 5 on a separate occasion.The jury was unable to reach consensus on rape and kidnapping charges involving a 54-year-old hitchhiker allegedly targeted last March in Encinitas, and a 17- year-old girl who was allegedly raped in 2003 at a Scripps Ranch house party. 1128
SAN DIEGO (CNS/KGTV) - A federal judge in San Diego today ordered the Trump administration to immediately start new asylum screenings for eligible reunified families, despite objections from the government that the agreement has not been finalized.Under the proposed settlement agreement – which U.S. District Judge Dana Sabraw gave unofficial preliminary approval to last month – reunited migrant families would get a second chance at applying for asylum.Attorneys for the migrant families argued that when the families were separated at the border, most children were not interviewed to determine if they had a credible fear of returning to their native country. Their parents were granted interviews, but were so distraught after being separated that they didn't clearly advocate for themselves, attorneys said.Under the settlement, reunited migrant families still in the U.S. will be allowed to remain until all family members have completed the asylum process.When Sabraw unofficially approved the settlement, both sides agreed that the asylum determination process should get underway as soon as possible.Sabraw granted preliminary approval last week, paving the way for credible fear interviews to proceed within days of a migrant confirming his or her wishes to go forward with an asylum claim.The ruling appears to apply to about 60 people who are detained and had signed paperwork agreeing to the terms of the new process.It could end up applying to many more.Another status conference on the class-action lawsuit is scheduled next month. 1576
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
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