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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 County District Attorney announced Monday that criminal charges have been filed against a former San Diego Sheriff’s deputy accused of fatally shooting a detainee.Former deputy Aaron Russell, 23, is being charged with murder in the second degree after being accused of shooting and killing Nicholas Bils, 36, who escaped from a California State Park Officer’s car outside San Diego Central Jail on May 1. Bils was allegedly running away from officers unarmed when he was shot. He was initially arrested for reportedly threatening a ranger with a golf club at Old Town San Diego State Park.RELATED: San Diego County sheriff’s deputy who fatally shot escaped detainee resigns from department“We reached the decision to file criminal charges following a thorough review of all the objective facts and evidence in this case by specialized prosecutors and investigators in our Special Operations Division,” said San Diego County District Attorney Summer Stephan.“When a life is taken, we must make decisions based in facts and law, and not ones that are influenced by the status of the accused as a peace officer nor the status of the victim. These decisions must be made solely in the interest of justice and not based on favoritism nor public opinion. Every person must be accountable under the law,” she continued.Russell is scheduled to be arraigned Tuesday. 1399

SAN DIEGO (KGTV) -- The San Diego Unified School District approved a plan Tuesday night that outlines how the district plans to reopen in the fall. The school board voted unanimously to move forward with a plan that would allow parents to decide if their students return to campus in the fall of 2020 or continue distance learning at home. Students returning to in-person learning will go to school for the full day of class every day, not a staggered schedule. All in-person learning is subject to federal and local health guidelines like wearing a mask, 6 feet of social distancing, and frequent hand washing. If parents feel their child is not ready to go back to campus, they can continue online. The district called it "Distance Learning 2.0," an improvement to the current online learning in place. The board voted to move forward with the plan despite only having enough funding for only half of the school year. The second half is dependent on federal funding. This does not mean the district would run out of money for the year; it means all students would have to return to online learning for the second half of the year. School board members said this vote was just the beginning of a long process to restart school in the fall, adding that things could be updated as local and state guidelines change. 1323

SAN DIEGO (KGTV) — This season of Padres baseball is already proving to be electric for fans.Between a strong Spring Training, the signing of Manny Machado, and development of young stars in the making at training camp, fans have a lot to be excited about.That hype will surely be on display next week in the East Village during the 9th annual Opening Day Block Party.RELATED: San Diego Padres unveil Ballast Point's Swingin' Friar AleThe free two-day block party kicks off on Thursday, March 28, on J Street, between Sixth and Tenth Avenues at 10 a.m. on Thursday and at 12 p.m. on Friday.Activities planned include autographs with Padres players, a "swing batter, batter, swing" game zone, a pet expo and fashion show, live music and entertainment, adult activation zone with baseball-themed cocktails and a beer garden, a pizza eating contest, and Lucha Libre wrestling.RELATED: Machado signing brings hope to San Diego Padres fans, businesses near Petco ParkProceeds from the event benefit the East Village Association.The Padres will take the field against the San Francisco Giants on Opening Day. 1110

SAN DIEGO (KGTV) -- The tattoo. An indelible mark on the body. And for most who choose one, it’s a very personal and sometimes emotional choice. But now there’s another layer making body art a deep, personal connection with a loved one, using their DNA in the ink of your tattoo.It's a distinct idea on an art form thousands of years old."Probably 90 percent of the people who are on this journey with us now start off saying, 'This is a gimmick,'" says Everence Co-Founder Patrick Duffy.That includes Duffy’s Co-Founder, former Navy SEAL Boyd Renner.“I had never had a tattoo," adds Renner. “I did 28 years in the Navy, never wanted one.”But it's no gimmick. Imagine, the ability to take a loved one with you everywhere you go, in a tattoo.“I had the idea, wouldn’t it be cool to somehow turn that tattoo into some kind of vessel or reliquary,” says Duffy. “Perhaps even a piece of the person for memorializing.”That’s the moment Duffy convinced his old Navy SEAL buddy to join him on this business venture.“One thing I learned from 28 years in the Navy is every military guy I ever met carried something with them,” says Renner thinking back to his SEAL deployments.For those entering combat zones, knowing there’s a chance they may never return, a picture, a keepsake, and for many some form of tattoo honoring or memorializing a loved one that inspires them is what they take into combat with them.What they came up with was Everence. DNA from a loved one, taken with a simple cheek swab, sent to their labs in Virginia, purified and encapsulated in a medical grade material, then broken down into powder form to be mixed with tattoo ink.“The concept is based on a very, very simple premise that people are free to be their best when they feel a sense of connection to what inspires them,” adds Duffy.For San Diego tattoo artist Laura Crow, whose clientele is heavily based in the military or law enforcement, the idea was intriguing.“I was interested, yet skeptical,” says Crow.Skeptical at first, like many. After all, it’s the DNA from another human being or source. So how does it work?“It goes into the body the same as tattoo ink, and it is designed to be recognized by the body the exact same way as a non-hazardous foreign body,” explains Duffy.Tattoo artist Crow says the technology does align with some of her clientele. “A lot of my clients go and deploy for six months, four months, into war zones,” says Crow. “And I could definitely see some of them want to have their tattoos have the DNA of their children, their wives, to take a little bit of home.”The co-founders are clients too. Duffy has the DNA of his daughter in his tattoo depicting a story they love. And Renner, the Navy SEAL who never wanted a tattoo, now has the DNA of his wife  - inspired by her resilience battling Cystic Fibrosis. They were together the day he got his.“She was able to take the Everence, her encapsulated DNA, and add it to the red ink that they added to the red rose on the tattoo,” says Renner proudly displaying the art on his left calf. 3071

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