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SAN DIEGO (KGTV) - The trial for a former San Diego County sheriff's deputy accused of sexual misconduct while wearing his uniform began Monday in Vista.More than a dozen women claim Deputy Richard Fischer made unwanted advances."I think he's a bad guy," a San Marcos woman, who filed ,000,000 claim against the County, said.She said in August of 2017 two sheriff's deputies knocked on her door in the middle of the night for a welfare check. There was no problem and they left but she said Fischer returned alone an hour later, saying he needed to use her restroom; then told her she was cute and hugged her, several times."I was stunned shocked, it was very fast and confusing...I felt very vulnerable, intimidated, felt weak. I felt little." She said, next to tears. "It's just a mess! Everything is a mess! This is hard to do. He shouldn't have come back to my house and I don't ... Everything's a mess!"Similar instances were described by other women. In October of 2017, near the entryway of a 64-year-old woman's condo, Fischer took her report for a domestic violence incident and then made his move."His hands went all the way down to her butt and he squeezed both of her buttocks... he took her hand and pulled it down to his groin area," Lawyer Dan Gilleon said. He represents several women who filed claims against Fischer.Gilleon made a theme apparent, "he knows that she's alone, and she's vulnerable, and she's scared." Another victim called him a predator.Some women who came forward claim Fischer became more brazen, forcing sexual acts.Wednesday a plea deal fell through. The deal would mean Fischer would plead guilty to four felony charges -- down from more than 12 felonies -- and serve no more than five years in prison.10News learned that Fischer would also have to register as a sex offender for life under the plea deal.Fischer faces more than 25 years in prison if convicted of all charges. He has emphatically denied the allegations.Read Related:7th woman accuses San Diego County Sheriff's Deputy Richard Fischer of inappropriate behavior5th accuser accuses San Diego Sheriff's deputy of inappropriate behaviorSecond woman accuses San Diego Sheriff's deputy of inappropriate behaviorSan Diego County sheriff's deputy accused of sexual misconduct pleads not guilty 2300
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) -- Think it’s hot in San Diego? Well, it is, but it could be much, much worse.All things considered, even though San Diego County is experiencing some heat and humidity, America’s Finest City isn’t even on the map of America’s hottest cities.Data website Currentresults.com compiled data from the National Oceanic and Atmospheric Administration and found the hottest cities in the country.The data shows the US cities with the hottest average summer highs in June, July and August. Check out the list below for more: 546
SAN DIEGO (KGTV) -- The San Diego County Sheriff’s Department is investigating after a man died in Fallbrook late Friday night.Deputies responded to the 440 block of Ammunition Road around 10:40 p.m. to assist the North County Fire Department with an injured man.When deputies arrived, they found a man identified as Nicolas Ramirez suffering from an unknown traumatic injury.Ramirez was then taken to the hospital where he later died. Anyone with information is asked to call the Sheriff’s Department at 858-285-6330 or Crime Stoppers at 888-580-8477. 560
SAN DIEGO (KGTV) — Thursday, San Diego Mayor Kevin Faulconer called on Governor Gavin Newsom to issue guidance that would allow San Diego's hotel industry to resume hosting business meetings and conferences."It's incredibly important for the jobs that this industry represents and the bottom line of dollars to our city," Faulconer said.San Diego tourism officials tell ABC 10News that the industry has lost an estimated billion due to the pandemic thus far. About 22% of out-of-town visitors to San Diego typically come for business meetings or conferences. The loss of this business has led to the loss of more than 50,000 local hospitality jobs.Thursday, Faulconer visited the Manchester Grand Hyatt to review the safety protocols they would put into place for business travelers. That includes plexiglass dividers, hand sanitizing stations, outdoor meeting spaces, and socially distanced seating."Seeing is believing," Faulconer said. "When you can see firsthand the remarkable precautions that our hotel industry has taken, the remarkable job that they have done with leisure travel, we can host business travel safely.”Faulconer points out that California is the only state in the country that bans hotels from hosting businesses.ABC 10News reached out to the California Department of Public Health. A spokesperson sent the following statement: "California’s Blueprint for a Safer Economy is intentionally slow and stringent to help slow and stop the spread of COVID-19. Any setting where large scale, random mixing occurs presents a higher risk activity for the spread of COVID-19.The state's public health guidelines are driven by data and science. This will continue. As the data evolves and science evolves we will update the guidelines and Blueprint accordingly. When we have specific updates to hotel and lodging guidance, we will alert the public and the media." 1886