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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 Association of Governments will debate Wednesday the best way to get people to the airport. Four possible plans involving public transportation are involved. One would create a central terminal on Navy property near Old Town and tunnel under the airport with a people mover. Two other proposals would involve a terminal, but use an elevated people mover. The fourth option would extend the trolley, adding tracks along Harbor Drive. Dorene Robertson said the predictability of public transportation would be a benefit. “I know the shuttle's not going to get in a car accident, I know I'm going to get here when I plan to get here, I'm not going to get stuck on the freeway and not get here. So it takes away the uncertainty of getting to the airport on time,” said Robertson. Alex Santos, who typically relies on Uber to reach the airport, says he would only use public transportation if it was direct. “If it was dropping me off in front of my house or a townhome I live in, or a block away, that'd be perfect.” The SANDAG plans would cost anywhere from .8 billion to .7 billion dollars. They would serve as many as 44,000 people per day by 2050 and decrease traffic on Harbor Drive as much as 35 percent. City of San Diego and U.S. Navy officials signed an agreement last week to revamp the Navy complex near Old Town with the central terminal as a possibility for the project. 1424

SAN DIEGO (KGTV) — The San Diego Registrar of Voters is revising down its expected turnout numbers for the March primary from earlier projections. With an estimated 290,000 ballots still outstanding as of Thursday evening, turnout is now expected to fall between 47 and 52 percent of the county's registered voters. This means turnout will look similar to 2016's primary, which had about 50 percent participation. Original projections in January from the Registrar of Voters showed expectations of turnout between 55 and 60 percent. That number was revised in February to between 50 and 55 percent."It looks like turnout in this primary is about what it was in 2016 in San Diego," said professor Thad Kousser, department chair of the UC San Diego political science department. "We didn't see the spike we were expecting."However, Kousser points out that using turnout percentage can be misleading. Because of California's new Motor Voter law, there are more than 300,000 more registered voters in San Diego County than there were in 2016. Therefore, a matching 50 percent turnout would actually mean tens of thousands of new voters cast ballots in the 2020 primary. 1173
SAN DIEGO (KGTV) — This year's San Diego Pride festivities are going virtual, to comply with the Stay-at-home order brought on by the coronavirus pandemic. While hundreds of thousands of people tuned into the program online, others could not resist heading to Hillcrest for the annual celebration. No cars needed to be towed, and no streets needed to be blocked off Saturday. This year's San Diego Pride parade launched virtually in a quiet outdoor patio at Inside-Out restaurant in Hillcrest."Today's going to look a little different, but we're going to keep it as close to normal as possible," San Diego Pride Executive Director, Fernando Lopez, said.Organizers hoped to keep it "normal," despite trying times brought on by the coronavirus pandemic. But Pride is no stranger to the idea of "adapt and overcome.""Our parade has gone through a hurricane, our parade has gone through a bomb threat," San Diego Pride Philanthropy Director, Sarafina Scapicchio said. "We have had challenges to this event happening, and it is very important to keep our Pride traditions alive regardless of what's going on to the community."People who would normally be marching in Hillcrest submitted videos and logged on for live interviews. Others still made their way to University Avenue, to support local LGBTQ businesses and display their pride."Pride is feeling your true self and celebrating with your community," Lorraine Neville said while dining outdoors at Gossip Grill."It means one love," Cindy Lauritzen said, also at the restaurant.Cindy and Janine Lauritzen never miss a Pride. They say they want their love story to inspire the next generation."There was a day when we couldn't be married," Janine Lauritzen said. "Now we are and celebrating that, and getting the younger generations to see that it's OK to be who they are."They were one of the more than 160,000 people who tuned into the virtual parade from around the world.Organizers admit it was not perfect. Periodically, they faced a few digital and audio hiccups. But they say they are proud to spread this year's timely slogan."'Together We Rise,' is our message to everyone," Scapicchio said. "We're going to get through this together."They say even if mass gatherings are canceled, Pride is not.For more information on this weekend's San Diego Pride festivities, click HERE. 2341
SAN DIEGO (KGTV) — The tight race between two democrats to become San Diego's next mayor is seeing an increase in attacks, less than four weeks before the election.Democrats Todd Gloria and Barbara Bry have both said they were not involved with messages that have gone out over the last few days. On Wednesday, Barbara Bry called a news conference Wednesday in response to two mailers she said were deceptive — one sent to Democrats made her out to be the Republican choice for mayor, while the other, sent to Republicans, made her out to be very liberal. "I think these mailers are very deceptive, they do not explain who I am as a person, they were done in a deceitful way to purposely deceive voters about who I am," she said. Both mailers appeared to be in support of Bry, with quotes or images from well-known public local officials. But a closer look shows that a committee that supports Todd Gloria paid for the ads. Attorney Gil Cabrera, the principal for Neighbors for Housing Solutions Supporting Todd Gloria, which sent the mailers, says their purpose is to show that Bry is trying to be different things to different voters."The one thing she hasn't said is that any of the quotes are inaccurate or any of the policy positions are inaccurate, which is, I think, interesting," he said. A spokesman for Gloria says the candidate is not legally allowed to coordinate with those mailers and has not done so. Meanwhile, Gloria is taking attacks from conservative radio host Carl DeMaio over his recent support of a bill that doesn't automatically force someone to register a sex offender in certain circumstances after sex with a minor - meant to end discrimination against LGBTQ individuals.Demaio said he did it on his own and said he has not endorsed Bry. Bry said her campaign had nothing to do with the texts and disagreed with Gloria's vote on the bill, Senate Bill 145.Political Analyst John Dadian said denouncing an ad would be a victory for an opponent. "You're never going to agree with your opponent, so that's why she's saying I'm not going to denounce it, you go talk to Carl DeMaio," he said. "And then on the other side of the coin, Todd Gloria is doing the exact same thing."The race is in a dead heat, according to the ABC 10News/Union-Tribune scientific poll released this week. It showed Gloria leading Bry 39% to 38%, well within the margin of error. 2387
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