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SAN DIEGO (CNS) - Two men who took part in a fatal Pacific Beach home invasion that resulted in the shotgun slaying of a resident were sentenced Friday to state prison terms.Carlos Yslas, 25, and Pedro Ramirez, 28, were sentenced Friday for their roles in the death of 44-year-old MarcAnthony Mendivil, who was shot in a home in the 2300 block of Wilbur Avenue on Dec. 29, 2018.Mendivil was living at the home of another defendant, Paul Charles Weinberger, 51, at the time of his death and was killed in what court documents describe as a forcible eviction gone wrong.Yslas, who was the gunman in the incident, was sentenced to 27 years in state prison, based on his plea to a voluntary manslaughter charge. Deputy District Attorney Flavio Nominati said Yslas was released from prison on a residential burglary conviction about a week prior to the shooting.RELATED: Three men plead guilty to Pacific Beach shotgun slayingRamirez was sentenced to eight years in prison on Friday, while co- defendant Freddy Sosa, 38, was sentenced last year to eight years in prison. Weinberger was sentenced to three years earlier this week.Sosa pleaded guilty to voluntary manslaughter, while Weinberger pleaded to an assault with a firearm charge.According to court documents, Sosa had previously lived at the home, but was kicked out by Weinberger following a dispute. Mendivil then moved in, but soon after, Weinberger contacted Sosa asking him for help in removing Mendivil from the home for unspecified reasons, investigators were told.Weinberger told police he was drugged on the night of Mendivil's killing and forced to withdraw cash from his bank to pay Yslas and Ramirez, who were brought in to assist in forcibly removing Mendivil from the home, court documents state.However, in the process of forcing Mendivil out, Yslas shot Mendivil twice. According to defense attorney Kristen Haden, Yslas believed the victim was reaching for a weapon, which later turned out to be a knife beneath his mattress.Officers found Mendivil suffering from a gunshot wound when they responded to a 1:47 a.m. call of a possible shooting, San Diego police Lt. Matt Dobbs said. He died at a hospital about 45 minutes later, Dobbs said.Weinberger and Sosa were arrested the day of the killing, while Yslas and Ramirez were already in custody on unrelated charges when they were re- arrested and charged last February for their roles in the homicide. 2430

SAN DIEGO (KGTV) — A foot pursuit between police and a suspect ended in an officer-involved shooting in the Logan Heights neighborhood Monday.An officer was trying to contact a 30-year-old Hispanic male, later identified as Enrique Aguilar, at about 3:20 p.m. over what he believed to be a narcotics violation, according to San Diego Police Capt. Tom Underwood. Aguilar fled, prompting a foot pursuit in the area of 3400 National Avenue, police say.Police said during the foot pursuit, Aguilar revealed a handgun.VIDEO: Video captures officer-involved shooting in Logan HeightsPAST OIS INCIDENTS: DA releases body cam footage, reviews several officer-involved shootingsOfficers say they ordered Aguilar to drop his weapon. Police said at one point, Aguilar pointed the handgun at officers, prompting an exchange of gunfire.Aguilar was struck at least once. He suffered non-life threatening injuries and was transported to a nearby hospital.Neither officer, one a 24-year veteran and the other a 2-year veteran, was injured in the shooting. The names of the officers were not released.SDPD Press Conference:Capt. Underwood added there was another male suspect they were searching for connected to the initial narcotics violation.Both directions of the 3200-3500 blocks of National Ave. have been closed to traffic as officers investigate. Police expected the area to be shut down into the evening.Witness video showed the moment officers opened fire on Aguilar, after multiple demands to drop his weapon. Capt. Underwood said both officers were also wearing body cameras.Following policy, the San Diego District Attorney's Office will review the officer-involved shooting. 1679

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

SAN DIEGO (KGTV) -- A 40-year-old San Diego cold case was solved with the help of a genealogical database, the San Diego Police Department said Thursday. 37-year-old Barbara Becker was murdered in her La Jolla home on March 21, 1979, police said. According to the department, Becker’s two young boys came home from school to discover their mother’s body. RELATED: Genetic genealogy results solve new cold case as privacy concerns continueBecker died from “numerous sharp force injuries” but, based on evidence, police say she put up a fight, injuring the suspect in the process and causing him to leave behind a trail of blood. Detectives worked to solve the crime, but police say eventually all leads were exhausted and the case went cold. In October of 2018, the San Diego Police Cold Case Unit and San Diego County’s District Attorney’s Office reached out to the FBI’s genealogy team for help solving the case. Police say the team was able to identify a possible suspect using the public-access genealogical database as well as several family members of the suspect. RELATED: Suspect in 1986 Escondido cold case homicide arrestedAfter family gave DNA samples to investigators, Paul Jean Chartrand was identified as the source of blood from the crime scene. Members of Chartrand’s family told investigators that he lived in the San Diego area at the time of Becker’s murder. Investigators also learned that Chartrand died in Arizona in 1995. “The entire investigative team is grateful the case has been solved however, it is tempered by the fact it took forty years to give Barbara Becker’s family the answers they deserved and that Chartrand was able to avoid justice for 16 years after Barbara Becker’s murder,” the San Diego Police Department said in a statement. 1777

SAN DIEGO (CNS) - UC San Diego Health is opening a new clinic Monday in the Carmel Valley neighborhood.The 8,700-square-foot clinic, located at 6030 Village Way, will offer primary care and women's health services, according to UCSD Health. X-ray services and express care will be added to the clinic in 2021."Like all of our clinics, the Pacific Highland Ranch clinic is designed to support appropriate physical distancing, said UCSD Health Physician Group CEO Dr. Christopher Kane. "Patients can check in for an appointment and pay any copays using a contact-free option at a guest kiosk or with a mobile application."Walk-ins will be accepted at the clinic, which will be open eight hours a day, seven days a week, to address common health needs, including coughs, colds and simple fractures or sprains.In 2019, UCSD Health opened a clinic in Encinitas -- which offers pediatrics, primary care and express care -- and a clinic in Eastlake offering primary care, express care and imaging capabilities.UCSD Health also opened a clinic in the Rancho Bernardo area in 2018 that offers urgent care, advanced imaging, an optical boutique, primary care, women's health, occupational medicine, behavioral health, cardiology, neurology, gastroenterology and a retail pharmacy open to the public.Flu immunizations are also available at all clinics for the 2020-2021 flu season.An annual flu vaccine is especially important this year with flu season coinciding with the ongoing COVID-19 pandemic, according to UCSD Health. 1522

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