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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) — There could be as many as 78 million doses of COVID-19 vaccines available by the end of 2020, according to the most optimistic timeline in leaked documents from the Centers for Disease Control and Prevention.But assuming that the vaccine will require two doses per individual, that figure would only be enough to inoculate the highest priority individuals, based on draft guidelines released this week from the National Academies of Sciences, Engineering, and Medicine.“We’re not even going to get through Phase 1 people” in 2020, said Dr. Mary Barger, an epidemiologist at the University of San Diego.There are an estimated 44 million people in NASEM’S Phase 1 group: frontline healthcare workers, first responders, people with multiple high-risk factors, and adults living in nursing homes and other group settings.Based on leaked CDC guidance to states published by the New York Times, if two vaccine candidates become available in October, there would be enough doses for 39 million people by the end of 2020 -- not quite enough to cover the entire Phase 1 group.If only one vaccine is available by October, the projections suggest there could be enough doses to cover 13 to 26 million people.That might only be enough for frontline healthcare workers and first responders, of which there are an estimated 17 million.Healthcare workers and first responders get the highest priority, which NASEM calls Phase 1a, so they can maintain the integrity of the healthcare system.“When there’s a pandemic, you want to make sure you have enough people to take care of those that are sick,” said Dr. Abisola Olulade of Sharp Rees-Stealy Medical Group.Phase 1b includes individuals with multiple underlying conditions, like cancer, chronic kidney disease, and serious heart conditions.Approximately 75% of adults hospitalized for COVID-19 in the U.S. between March 1 and August 15 had at least two underlying conditions, according to data from the COVID-19 Associated Hospitalization Surveillance Network cited in the NASEM guidelines. More than 60% of hospitalized adults had three or more underlying conditions.“It would make sense that you would include a segment of the population that’s at risk of doing the worst,” said Dr. Peter Chin-Hong, an infectious disease specialist at UC San Francisco.There are an estimated 27 million people in the Phase 1b category.Critical workers in high-risk industries like grocery store clerks, mail carriers, and bus drivers would be in Phase 2, along with teachers, homeless people, prisoners, people with moderately risky underlying conditions, and anyone over the age of 65.“Even though people 65 and older make up less than 20% of the population, there have been 80% of COVID-19 deaths in this age,” Dr. Olulade said.Risk factors including high blood pressure, liver disease, or moderate-to-severe asthma would qualify an individual for Phase 2.There are an estimated 27 million people in this phase.In Phase 3, NASEM recommends inoculating people who are at lower risk of a bad infection but may be vectors for the spread of disease, including young people and children.NASEM noted that it will be “critical to conduct additional trials to gain better understanding of safety and efficacy of COVID-19 vaccine among children before they receive the vaccine.” Currently, there are no COVID vaccine trials that include children.Other essential workers at moderate risk of exposure would also be included in Phase 3, including employees in restaurants, hotels, hair salons, and exercise facilities.Phase 4 includes everyone else. 3589

SAN DIEGO (KGTV) - The San Diego State Men's Basketball Team sought to keep their undefeated season as they faced off against Boise State Saturday.SDSU won 83-65 and is 17-0 mid-way through the season.Saturday's game was sold out, the third time it's been standing room only this season.The student section roared during the game, chanting and cheering on the team. They were certain the men would remain undefeated.The team is ranked 7 in the country, and the top in their conference.They played Boise State at Viejas Arena. Boise St. was 11-7 this season. 565

SAN DIEGO (KGTV) -- The San Diego Police Department is investigating a stabbing in Encanto after a victim was found with stab wounds.Witnesses tell 10News a fight broke out between two males near the intersection of 65th Street and Wunderlin Avenue, across the street from Encanto Elementary School. Their ages are unknown. One male was stabbed at the scene, he was found near the park and recreation center where children were playing, according to witnesses. The second male fled before police arrived, police caught up to him and arrested him on Massachusetts Avenue.   615

SAN DIEGO (KGTV) — The San Diego Board of Supervisors announced Monday that the county will close bars without a license to sell food ahead of the July 4 weekend in an effort to slow rising coronavirus cases.San Diego Supervisor Nathan Fletcher said the county will close all bars, wineries, and breweries that do not have a license to serve food. California took a similar stance with several counties over the weekend."Bars are purely social settings where different people and groups often mix. It's a simple reality that alcohol consumption impairs judgment and may lead to less compliance with physical distancing guidelines," Fletcher said. "People often spend more time in a bar than other establishments like a restaurant for eating."RELATED: Gov. Newsom shuts down bars in Los Angeles, six other counties amid surge in COVID-19 casesAccording to the county, there have been seven community outbreaks in the last week. Of those, two outbreaks were traced back to restaurants/bars. During Monday's press conference, the county wasn't able to specify how many of the region's total cases had visited bars.Fletcher added that the county is reinstating an order that alcohol can only be consumed while customers are simultaneous eating meals and can't be ordered alone. A third measure was added that anyone who does go to a bar, brewery, or winery that serves food can only consume their food and drinks while seated at a table.The new measures take effect on July 1.Fletcher said in addition to the actions, they anticipate "instituting additional changes to our public health order, and additional dialing back and guidance that are a part of our efforts to slow the spread of COVID-19."RELATED: At least 6 companies working on COVID vaccines in San DiegoThe county is also pausing any further business reopenings until after Aug. 1, even if given guidance by the state.County officials and health officials are scheduled to meet with hospital CEOs Monday to look at what steps they recommend taking. Fletcher added that the county will also be looking at stepping up enforcement and education of the health orders."We are strongly encouraging San Diegans to be responsible and avoid gatherings, avoid indoor gatherings," Fletcher said. "The most patriotic thing we can do on the July 4 weekend is adhere to the public health orders and work to save lives."The announcement comes as San Diego County set a new record for positive coronavirus cases at 498, bringing the region's total to 13,832 total cases. No new deaths were reported on Monday. 2560