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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) — This year, December Nights organizers are opting for a tasty, food-driven event in place of the traditional two-night gathering in Balboa Park."Taste of December Nights" will feature more than 20 food trucks and vendors in Balboa Park, inviting visitors to enjoy a delicious drive-thru event this year. The event will be held from Friday, Dec. 4, through Sunday, Dec. 6, from 11 a.m. to 10 p.m.The event is free to attend, but visitors must remain in the vehicles and wear face coverings. Organizers say walk-ups, or people attending on bikes or scooters will not be allowed, as safety protocols amid the pandemic will be enforced.The food truck event will roll into the park's Inspiration Point parking lot, near President's Way and Park Blvd.The event will also feature some giveaways for visitors, including a commemorative Taste of December Nights tote bag filled with some festive items for the first 500 cars each day. Organizers will also be giving out some fun prizes like tickets to the San Diego Zoo, San Diego Museum of Art, Fleet Science Center, and more.To see menus for food trucks attending, visit the event's page here. 1162

SAN DIEGO (KGTV) — The trial of the Navy veteran accused of stabbing his wife, then dumping her body into the San Diego Bay, got underway today at San Diego Superior Court. Matthew Sullivan sat quietly next to his lawyers, nearly four years after the gruesome discovery of his wife, 32-year-old Elizabeth Sullivan. "She said, 'Hold on a sec.' And then she said 'I got to go,' quietly, and I didn't hear from her anymore," Calandra Harris said while wiping her tears. Harris described herself as Elizabeth's best friend. The two met while working together at Hampton University in Virginia. She said the last conversation she ever had with Elizabeth was on the day before she went missing in October 2014. Despite living on opposite coasts, Harris said she and Elizabeth talked every day. Harris said Elizabeth often consulted her about her tumultuous marriage with her husband. Both husband and wife filed domestic violence charges against each other, and the couple slept in separate rooms in the same Liberty Station home. So when Elizabeth went missing, Harris said she was worried, especially when she saw Sullivan's new Facebook post. "I noticed that he posted that he was in a relationship with Kay Taylor," Harris testified. "And when did you see that?" Deputy District Attorney Jill Lindberg asked. "Less than 30 days after and Liz was missing," Harris said. In October 2016, on the same day that Matthew was moving to Maryland with his new girlfriend and children, Elizabeth's decomposed body was discovered floating in the San Diego Bay. At this time, Matthew was not a suspect. But after months of investigating, police found blood underneath the carpet, and a knife hidden in the insulation of the Liberty Station home the couple once shared. "They can see blood in some of the crevices, down where the blade comes out of the handle and the bolts on the side," Lindberg said while displaying the knife to the jury. "They checked it, and they found Elizabeth's DNA and blood. A tiny bit of the defendant's, mostly the victims."The defense team agreed that the blood was Elizabeth's. But they said the mother of two, who had infidelity issues and abused drugs and alcohol, hurt herself. "Elizabeth had broken a mirror," Defense Attorney Marcus DeBose said. "Taking a large shard of glass out of the mirror, she inflicted a deep wound. She was bleeding profusely all over the third-floor bedroom."Both the prosecution and defense teams will call on additional witnesses starting Monday. 2504

SAN DIEGO (KGTV) - The pinch of the partial shutdown on federal government agencies and employees approached a squeeze Wednesday as workers prepared for their first pay period without a paycheck. Hundreds of thousands of federal employees who are furloughed or working without pay during the government shutdown are anticipating an end to the political standoff. The partial shutdown, which took effect Dec. 21, forced 420,000 workers to continue their jobs without pay. 380,000 workers were furloughed nationwide. 5,000 of the affected workers are in San Diego County, according to Rep. Scott Peters' office, which cited the Association of Federal Government Workers. Border Patrol agents enforcing the U.S.-Mexico border in San Diego County are among the affected employees. So are TSA agents, including those who kept holiday travelers safe at Lindbergh Field. RELATED: No deal to end shutdown; Trump says 'could be a long time'Many San Diegans only noticed the impact of the shutdown by the closure of national parks including the Cabrillo National Monument in Point Loma, and Joshua Tree National Park. However, more people may soon feel the change. Many departments and agencies are running out of carryover cash, Politico reports. Dozens of national parks and museums, including Smithsonian facilities, closed Wednesday as they ran out of money. Yosemite National Park limited entry due to problems with human waste and public safety. Visitors were told to use restrooms in nearby communities before entering the park. The Coast Guard is scaling back boating safety checks, mariner licensing, and fishing law enforcement, according to Politico. Tax filing season, which usually starts in January, may start later, and many IRS workers may be called to work without pay for filing season. The most recent pay period ended Dec. 22, with paychecks arriving Dec. 28. The next pay period ends Jan. 5, with the check due Jan. 11. There’s a possibility that check may never come. Workers may be paid retroactively but it would take an act of Congress. To make the financial picture even more grim for federal employees, President Trump issued an executive order Friday, freezing their pay for 2019. Their 2.1 percent hike was supposed to take effect this month. (The freeze does not impact U.S. service personnel, who were due to receive a 2.6 percent pay hike as part of the spending bill signed in August.)The Associated Press and CNN contributed to this report. 2472

SAN DIEGO (KGTV) -- This Veteran's Day hundreds gathered at the Mt. Soledad National Veterans Memorial, honoring those who've selflessly served and sacrificed for the nation.Wayne Thompson, who served in the Navy for 30 years, says he attends the Mt. Soledad ceremony every year.“This world would be a lot different if we didn’t have the people that are on this wall. If they didn’t give their lives for the people in this country," said Thompson.Thompson did three tours in Vietnam and now suffers from health complications due to Agent Orange. He's had 11 seizures but says he would serve all over again if asked.“I kept wanting to serve, I don’t know, I just felt like I was doing something for the country, it’s hard to understand, but you get a fulfillment out of serving somebody," said Thompson.He says he's grateful for those who served before him and those serving now.Col. Charles B. Dockery, commanding officer of Marine Corps Air Station Miramar, was the keynote speaker at Monday's event. 1009

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