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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 FBI is asking for information on an image, which it says may help lead to the identification and rescue of child victims.One of the images shared to the FBI’s Twitter page shows a piece of clothing that appears to depict a cartoon character on a broomstick. The FBI also shared a PDF with more images in an effort to dig up information. See the attachment below for other photos:The agency says it uses image analysis to identify clues as to where a child may be held.“By recognizing these clues and/or sharing additional observations from the backgrounds of these images, you may help first to identify and rescue the child victim(s) and second to capture the perpetrator,” the agency said.“There is no clue or piece of information too small,” the agency added.Anyone with information is asked to call their local FBI office or the nearest American Embassy or Consulate. People can also submit tips by clicking here. 959

SAN DIEGO (KGTV) -- The San Diego Tunnel Task Force have released images showing what they say is a sophisticated drug smuggling tunnel that leads from Tijuana to a warehouse in Otay Mesa.Federal agents made the discovery Thursday, March 19, as part of an investigation into a transnational crime ring suspected of smuggling narcotics into the U.S. via a cross-border tunnel. The U.S. exit point was discovered subsequent to the execution of the warrant, the task force said.Agencies from the U.S. and Mexico located a 2,000-foot underground from a warehouse in Tijuana, Mexico to a warehouse in the Otay Mesa area of San Diego, according to the task force. The tunnel has an average depth of 31 feet and is three-feet wide through most of the passageway, according to authorities. Authorities estimate the tunnel to have been in existence for several months.The task force described it as having advanced construction including reinforced walls, ventilation, lighting, and an underground rail system. Authorities seized an estimated .6 million in mixed drugs including 1,300 pounds of cocaine, 86 pounds of methamphetamine, 17 pounds of heroin, 3,000 pounds of marijuana and more than two pounds of fentanyl.According to the task force, the seizure is the first time "in San Diego’s history where five different types of drugs were found inside a tunnel."The tunnel has an average depth of 31 feet and is three-feet wide through most of the passageway.“I’m proud of the excellent work performed by Homeland Security Investigations (HSI) agents, as well as U.S. Border Patrol and Drug Enforcement Administration agents as integrated partners of the San Diego Tunnel Task Force. Their tenacity made the difference in shutting down this tunnel,” said Cardell T. Morant, Acting Special Agent in Charge of HSI San Diego. “Several months ago, agents on the San Diego Tunnel Task Force announced the seizure of the longest cross-border tunnel and today we announce the discovery of another sophisticated tunnel with large quantities of drugs seized from within,” said DEA Special Agent in Charge John W. Callery. Anyone may anonymously report suspicious activity to the Tunnel Task Force at 1-877-9TUNNEL (1-877-988-6635). 2228

SAN DIEGO (KGTV) - Thousand of San Diegans are saving big by "buying nothing."It's just past 9 a.m. on a late November in Bay Ho and dozens of breads, rolls, and muffins are ready for taking. Becky Sloan is the first to arrive. The food is set up outside the home of Tomira Baca-Craig, who runs a food co-op that divvies out extra bread donated by bakeries and stores. On this morning, she posted the giveaway on her "Buy Nothing" Facebook group.It's not just bread. Sloan showed 10News photos of baseballs, crafting items, shoes for her children and home decor, just some of the stuff she's received in the last two years. All of the items were offered up by neighbors on the Bay Park/Bay Ho Buy Nothing page."I think I might have saved anywhere from ,500 to ,000," said Sloan.MAKING IT IN SAN DIEGO: People converting vans to avoid high rentSloan actually gifts more items than she receives."It's awesome. You can give just about anything away, and you can receive just about anything you ask for," said Sloan.Started in 2013 in Washington state, "Buy Nothing" now boasts some 60 neighborhood pages in San Diego County."Any time you can gain an inch in your pocketbook, it's helpful," said Sloan.MAKING IT IN SAN DIEGO: Woman builds granny flat to finance retirementTens of thousands in the county have joined up. "You give freely and get freely. It builds community and minimizes waste," said Baca-Craig. Two Halloweens ago, Baca-Craig created all of her family's circus-themed costumes by going on the Buy Nothing page and asking for donations. After Halloween, she put all of the items back on the site. "It's all those things that add up and makes everybody's life a little easier. That's why we do it," said Baca-Craig.To join a page, you do have to have a Facebook account. Find the page that corresponds to your neighborhood and ask to be added. 1866

SAN DIEGO (KGTV) — The San Diego Air and Space Museum is set to reopen now that the county has been approved to welcome visitors back to museums.The Balboa Park museum will reopen at 10 a.m. on Friday, June 12, the first day museums are cleared to reopen in California.Safety policies including capacity limits, social distancing, facemasks for guests and employees, hand sanitizer stations, and continuous cleaning and sanitizing will be in place.RELATED: San Diego Zoo hopes to reopen in 'coming weeks' under new limitsSan Diego cleared to reopen zoos, gyms, bars and wineries, day campsSan Diego theme parks aim for July 1 reopening"We’ve been working since the day we closed to ensure the Museum is a safe and welcoming destination," said Jim Kidrick, President & CEO of the museum. "We’re confident we’ve done everything possible to safely welcome guests back to the Museum. It’s time for us to re-connect with old friends and connect with new ones."Museum staff will also have their temperatures screened daily before entering the museum.The Air and Space Museum is one of many local attractions and theme parks that will be able to reopen starting Friday. Last week, state officials released guidance for these businesses to follow amid the coronavirus pandemic, which can be found here.Other attractions, including SeaWorld San Diego, Legoland California, and the USS Midway plan to reopen on July 1. The San Diego Zoo and Safari Park have said they plan to reopen in the "coming weeks." 1507