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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 San Diego Unified School District Board voted Tuesday evening to support a package of bills making their way through Sacramento that would put a moratorium on new charter schools. There are four separate bills before the state legislature. Among other things, the measures would put a five year moratorium on new charter schools, increase local control by preventing charter schools from locating outside their district and put a cap on the number of charter schools that can open. San Diego Unified Trustee Richard Barrera helped draft the resolution in support of the bills. "We've got plenty of great examples of seeing laboratories of innovation that have happened over the past 25 years; however, what I think the law did not predict, was that charters have expanded very rapidly. There are organizations that kind of create chains of charter schools that go and pop up in different places around the state," said Barrera. He said the moratorium would not affect existing charter schools. "Let's think about the whole system; let's think about what's good for every kid, nothing in these bills affects existing charter schools. In fact, I believe these bills protect existing charter schools because they are as vulnerable to some new school popping up, that may or may not succeed, but in the meantime, you've got that movement of students back and forth," said Barrera. Barrera said roughly 16% of students in the district attend charter schools at a cost of approximately million dollars a year. There are nearly 50 charter schools in the district. Supporters of charter schools said the board's vote was motivated by politics and money. "I think they're kind of greedy, the public schools. They're wanting the money, for each student they get so much money," said Charles Taich, whose daughter attends a charter school. The California Charter Schools Association says the resolution the board passed isn't focused on students or families. "It really isn't about students. If you look at the resolution itself, it doesn't talk about parents and students. It just talks about districts and money and the information is not factual, so we want to address that," said Miles Durfee, Vice President of Regional Advocacy for the California Charter Schools Association. Durfee said they'll continue their fight at the state level. "The Charter Schools Association has worked really hard with members to really make sure we increase the quality of charter schools and we know schools need to continually improve, but we really believe that charter schools are one vehicle to do a great job to give choice to parents," said Durfee. 2667

SAN DIEGO (KGTV) -- The widow of a fallen firefighter is opening up about giving birth without the love of her life by her side.Cal Fire Firefighter Engineer Cory Iverson died battling the Thomas Fire in Ventura County in December.His wife, Ashley, was pregnant with their second daughter at the time. Taylor Ivy Frances Iverson was born just a few weeks ago."She looks just like this little twin, especially right after she came out it was a big relief to have her out and to see him again and feel like I was looking into his eyes again," said Ashley.It's been five months since Cory died, but Ashley said it still doesn't seem real. "People will say to me, I can't possibly imagine going through that, and my response is neither can I, cause it really doesn't feel like it's me going through all of this," said Ashley.She was surrounded by family and friends in the hospital the day Taylor was born, but it was the voicemail she played from her late husband while in the delivery room that helped her get through labor."All the doctors were crying, but it just flipped right then and there. It's the most special voice mail I have from him basically talking about how special our relationship is and how grateful he is for us," said Ashley.Ashley wants to honor Cory's memory by starting a foundation to help first responders deal with the trauma they see on the job."The things that they see and experience are things that the human brain can't just push out, it needs to be worked through," said Ashley.As heartbroken as she is, she's always thinking about the men and women who were on the fire lines with Cory the day he died."Through trust and communication, these men and women can heal," said Ashley. Even in her darkest moments, she is overwhelmed with gratitude."My hope is that people out there hold on to whatever faith that they have because through any struggle with your faith and gratitude, it will get you through." 1942
SAN DIEGO (KGTV) - Thousands of people descended on the Gaslamp Quarter to celebrate Mardi Gras on Tuesday night.The holiday no longer closes down 5th Avenue, but that didn't stop party goes from pulling out their best purple, green and gold costumes. 259
SAN DIEGO (KGTV) - Thousands of San Diego County jury trials are on-hold because of the pandemic. Local court officials have requested another extension from the Judicial Council of California for jury trials to be postponed through mid-September.On Monday, ABC10 News spoke to San Diego Superior Court Presiding Judge Lorna Alksne about the challenges of returning to jury trials. “We’re at 25-hundred jury trials that need to be tried,” she told us.Trials were halted on March 17th. Non-jury trials are currently in progress through a remote virtual process. “What we can't do right now is bring a jury into the courthouse. When you can't even go to a restaurant to eat, the idea of bringing hundreds of people in to sit in a room together is not recommended,” she told ABC10 News.Courtrooms are being retrofitted with plexiglass barriers to protect everyone from jurors to defendants to court staff. Judge Alksne said other safety measures like social distancing will also be implemented, when appropriate.“Once you do resume the process of summoning jurors, what if they just don't feel comfortable? They fear the risk?” we asked. “Jury service is a duty that we hold in high regard. We can't have criminal justice service work without jurors so I would hope that by the time we actually pull jurors in and ask them to come down that unless they have a health condition that would make it unsafe here, that they would be willing to serve,” she responded.The court is still working through other complex issues like the possible need for more alternate jurors. “In other jurisdictions where they have tried to start jury trials up and down the State of California, one juror getting COVID-19 or having symptoms will send everyone home and you'll have a mistrial,” she added.Judge Alksne also said there are currently about 300 violent felony defendants in custody who are waiting to be tried. 1903
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