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SAN DIEGO (KGTV) - The teen boy who was bitten by a shark last September in Encinitas threw the ceremonial first pitch at the Padres game Tuesday night.Keane Hayes, 14, was attacked by a shark while diving for lobsters off Beacon's beach. The shark managed to bite his left cheek, shoulder and chest.Hayes was an active athlete who was a pitcher for his baseball team, so he worried at the time whether or not he'd fully recover."I always thought, what if my arm isn’t the same? What if I’m not going to be able to throw?" said Hayes.But over the past nine months, he has been working hard with a physical therapist to get back to his former self."He’s come such a long way," said Jon Luu, the physical therapist who has been working with Keane."He’s always positive, always motivated to get better each and everyday," said Luu.While nervous, Hayes said he was excited to get up on the mound and show the crowd how far he had come.The pitch went straight over the plate. 978

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 Police Department is preparing for the possibility of big demonstrations on and around Election Day. "We don't have any credible information to say that there's going to be civil unrest or large protests groups out on Election Day or soon thereafter on Election Day. However, we have been in contact with other cities throughout the United States. We've been in contact with our federal partners throughout the United States. We're preparing for possible unrest to occur on Election Day and afterward," said SDPD Lt. Shawn Takeuchi.SDPD will not reveal exact staffing levels but said that officers will be ready to handle the calls. Lt. Takeuchi added that SDPD has nine stations throughout the city and it’s up to each station's captain to determine appropriate staffing levels for the election. He said that officers are mindful of concerns surrounding the ballots and the pandemic. “As humans, when you don't know your future, I think it brings out a little bit of anxiety and so I think that we are aware of that and the emotions,” Takeuchi added.Sean Eldridge, with Protect the Results, told ABC10 News his group is focused in part on preparing several upcoming rallies in San Diego and beyond.“Part of our work at Protect the Results is to encourage every American to be patient and realize that it could take days if not longer before we know the full count of this election,” said Eldridge. "We have nearly 400 pre-planned events across the country which could happen as early as the afternoon of Wednesday, Nov. 4, the day after Election Day, if Trump were to try to undermine the election results.”Eldridge says that participants are being encouraged to remain peaceful.Lt. Takeuchi is asking for any groups planning demonstrations to please reach out to SDPD ahead of time so that officers can ensure everyone’s safety. 1871

SAN DIEGO (KGTV) -- The San Diego Unified School District approved a plan Tuesday night that outlines how the district plans to reopen in the fall. The school board voted unanimously to move forward with a plan that would allow parents to decide if their students return to campus in the fall of 2020 or continue distance learning at home. Students returning to in-person learning will go to school for the full day of class every day, not a staggered schedule. All in-person learning is subject to federal and local health guidelines like wearing a mask, 6 feet of social distancing, and frequent hand washing. If parents feel their child is not ready to go back to campus, they can continue online. The district called it "Distance Learning 2.0," an improvement to the current online learning in place. The board voted to move forward with the plan despite only having enough funding for only half of the school year. The second half is dependent on federal funding. This does not mean the district would run out of money for the year; it means all students would have to return to online learning for the second half of the year. School board members said this vote was just the beginning of a long process to restart school in the fall, adding that things could be updated as local and state guidelines change. 1323

SAN DIEGO (KGTV) - The Salk Institute's cutting-edge research to reverse climate change is getting noticed and supported in a big way.Amazon CEO Jeff Bezos donated million through the Bezos Earth Fund last week, a huge boost after Sempra Energy jump-started the project with million Nov. 9.Salk's Harnessing Plants Initiative adapts crops we eat, grown around the world, to extract more carbon dioxide out of the air and hold it in their roots."It’s really great waking up every day and knowing that you can work on a problem that is so urgent and is the most existential problem in this world and I’ve been worried about this since I was in middle school," co-director of HPI Wolfgang Busch said.Busch said they came up with the project while brainstorming what positive impact on the world could they make with plants.He said they're focused on six crops including, corn, soybean, canola, wheat and rice.Busch said they are in the research phase and see two paths to achieving their goal, genetically modify seeds in the lab or specialized breeding between plants to get the traits they are looking for.These crops are already being grown around the world."If you take together the area that they are planted, it’s larger than the subcontinent of India," Busch said, a huge untapped potential.Busch said of the world's emissions each year, "it could be possible that 30% of this could be drawn down by these plants if it is widely adopted."Busch said we could get the modified plants in the ground and start seeing the effects in the next 10-15 years."I think I am very fortunate to work on this problem, I am really thrilled to do the work, to make an impact," Busch said. 1690

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