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SAN DIEGO (KGTV) - A 79-year-old woman struck while crossing a Mira Mesa intersection is expected to recover from her injuries, San Diego Police said Monday. The woman was walking north in the crosswalk of Mira Mesa Boulevard and Black Mountain Road about 5 a.m. when she was struck by a male driver, police said. Officers reported the woman suffered a fractured pelvis, open fracture to the right tibia, and head injuries. She was taken to the hospital. The crash shattered the driver’s windshield. He was not hurt. Traffic backed up for several hours during the morning commute for the investigation. Police have not yet determined who was at fault. 659

SAN DIEGO (CNS) - Two men conspired with five other people in a series of home-invasion robberies in northern San Diego in which sleeping residents were roused at gunpoint and tied up, and one woman was sexually assaulted, a prosecutor said Wednesday.Deputy District Attorney Jalyn Wang told a jury that Thomas James Smith and Aaron Rico III were part of robbery crew dubbed the "Open Door Bandits," so named because in most of the 10 break-ins, the robbers gained access to homes through an unlocked door.Wang alleged that Smith, 26, and Rico, 22, were two of the major players in the robbery crew.A third major player, Stephen Ramon Gomez, pleaded guilty in the case.MAP: Track crime happening in your neighborhoodFour other defendants, Aaron Rico V, Victor Harvey, Robin Shawver and Jordan Wilson, also pleaded guilty.Wang alleged the home-invasion series began the night of Jan. 23, 2016, when Smith, Gomez and Shawver used garage door openers they found in cars to get into two residences in Mira Mesa, where they stole items including an X- box gaming system.On Jan. 26, 2016, at about 1:20 a.m., a man returned to his residence in Carmel Mountain Ranch after taking a friend home and saw that his house was being ransacked, the prosecutor said. The man chased one of the robbers, but could not catch him, Wang said.The DNA of Smith and Gomez was found on items left at the scene, according to the prosecutor.Three nights later, on Jan. 29, 2016, the bandits gained access to a home in Scripps Ranch through an unlocked door and robbed a family at gunpoint, yelling, "Where's the money? Where's the jewelry? Where's the gold?" Wang said in her opening statement.Smith, Gomez, Rico III and Harvey were charged in that break-in, Wang said.On Jan. 31, 2016, a woman was awakened at gunpoint in her Sorrento Valley home, tied up and sexually assaulted by one or two of the defendants, according to the prosecutor. The perpetrators allegedly took jewelry off the woman's body and threatened to shoot her.Wang said Gomez pawned the woman's wedding ring and his DNA was found on a pillow case on her bed.On Feb. 5, 2016, Smith and Rico III broke into a home in Rancho Bernardo through an unlocked door and held a couple at gunpoint while ransacking the residence, Wang told the jury.The night of Feb. 11, 2016, four homes in  Carmel Mountain Ranch and Sabre Springs were broken in to, including three in the same neighborhood, the prosecutor said.In one robbery, a barking dog alerted a sleeping couple to intruders, and the wife's 911 call forced the suspects to flee, Wang said.In another break-in, the robbers tied up a family -- including a 2- year-old who had his wrists taped together -- and spent an hour ransacking the home before leaving, the prosecutor said.Smith's attorney, Deputy Public Defender Damian Lowe, said that once police determined the crimes were connected, they started to follow a number of suspects, not including his client.Lowe said "significant" mistakes were made in the investigation of the robbery series.He told the jury the case would come down to "what evidence is going to prove beyond a reasonable doubt as to who did what?"Smith and Rico III face life in prison if convicted of conspiracy to commit burglary, robbery, burglary and sexual assault. 3302

SAN DIEGO (KGTV) - A former North County contractor exposed by Team 10 was charged with more than a dozen alleged crimes.Marc Morningstar was arraigned in a San Diego court Friday afternoon.According to the prosecutor, Morningstar's charges include failure to pay tax, grand theft of personal property, using personal identifying information of another, fraudulent use of a license number and contracting without a license among other things.RELATED: California's contractors license board investigating San Diego painting companyTurf installer investigated by Team 10 now accused of using other contractors' licenses to get workThe license holder of the company he was allegedly working for, Quality Painting SoCal, was also charged.Maria Meeuwisse was charged with grand theft, fraudulent use of a license number and contracting without a license, along with several other alleged crimes.Court records show in September 2018, Morningstar pleaded guilty to diversion of construction funds, grand theft of personal property and improper home improvement contract procedure.RELATED:10 tips to avoid a contractor nightmareUnsatisfied customers claim Hybrid Turf owner took their money but didn't do the job On Tuesday, the Contractors State License Board added disclosures to Quality Painting SoCal’s license. A disclosure means the CSLB has an open investigation against the company and has disclosed on its website that it believes there is evidence of a probable violation that would lead to either a suspension of revocation of the company’s contracting license and/or criminal prosecution.CSLB’s investigation is open. There are no criminal charges at this time.The two violations CSLB is investigating are a departure from trade standards or specs and willful or fraudulent act.On Wednesday a spokesperson for the CSLB told Team 10 the company notified state officials it plans to shut down and cancel Quality Painting SoCal's license. 1947

SAN DIEGO (KGTV) -- A .2 million judgment against the San Diego Rock ‘N’ Roll marathon over injuries suffered by an elite wheelchair athlete was recently upheld.Craig Blanchette was born without legs due to a birth defect, but that has not stopped him pursuing his passions. He is a wheelchair racing champion. At 20-years-old, he won a bronze in the 1988 Summer Olympics and over the years, set more than 20 world records. “Wheelchair racing just fit me,” Blanchette said. He eventually took a break to compete in hand cycling, but was preparing to return to wheelchair racing. Court documents said he did everything to prepare for the 2014 Rock ‘N’ Roll marathon, including studying the course map and virtual tour several times. Documents state Competitor Group, which operates the marathon, eliminated a lane on Eleventh Avenue an hour before the race—a move that changed Blanchette’s life. “I wasn’t racing recklessly. I was definitely going to make the corner,” Blanchette said. “When it’s too late to do anything about it, I realized the course had been narrowed by 13 feet. It was significant.” Blanchette was not aware of the change and crashed into a car. He was going more than 20 miles per hour at the time, according to court documents. “It’s the crash that ended my career,” Blanchette said.He filed a civil case against Competitor Group. A jury ruled in his favor and the Court of Appeal recently upheld a judgment of .2 million in his favor. “It’s the best they can offer because they can’t me my racing career back,” he added.It was bittersweet for Blanchette, who had to undergo surgery and several months of recovery. “The doctors basically told me that if I went back to racing and I injured it again, they wouldn’t be able put it back together like I did the first time,” he said.Blanchette now hand cycles, which uses different muscles, and spends time helping other athletes. He has been part of the National Wheelchair Sports Camp for years and this year, Blanchette’s attorney is also helping out. “This case was very eye-opening for me,” said attorney Russel Myrick. “With the proceeds from the case, we intend to make big improvements to the camp and we’re really looking forward to working with the kids.” They hope this ruling will help other athletes with disabilities. “They didn’t accommodate for us in the way that we deserved,” Blanchette said. “[You] want to treat us the same in value, but not the same in function.” Competitor Group did not return Team 10’s request for comment. 2529

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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