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SAN DIEGO (KGTV) - A Father’s Day boat trip off the San Diego coast led to a rare wakeboarding encounter with dozens of dolphins for a Pacific Beach boy and his family. “It was a quick little boat ride and we saw paradise up there,” said Emiliano Gallego of Crown Point. Gallego and his three children decided to take a boat ride about 7:30 a.m. on a gloomy Sunday. They were about a mile off Pacific Beach when they realized their 24-foot Yamaha ski boat was surrounded by dolphins. “It was impressive,” said Gallego, who believes there were thousands of dolphins swimming with the pod. Gallego’s 9-year-old son Demi, an avid wakeboarder, grabbed his gear and jumped in the water. Gallego recorded the incredible scene. “At first, he was scared. He eventually just started enjoying the ride with the dolphins,” Gallego said. Gallego’s younger son and daughter didn’t want to jump in. “Too many dolphins,” said Gallego. After the spectacular ride, the family went out to breakfast, amazed at what they saw. “That was the best gift ever,” said Gallego. 1059

SAN DIEGO (KGTV) - A Coronado Police officer who was among the first to arrive at the Spreckels Mansion after the death of Rebecca Zahau testified Monday in the wrongful death civil case.Zahau’s death was ruled a suicide in 2011 but her family believes she was killed. They sued Adam Shacknai, the brother of Rebecca’s boyfriend.Adam Shacknai called 911 to report the body hanging from the balcony.TIMELINE: Rebecca Zahau?caseIn testimony Monday, the unidentified officer said his duty was to go through the home and make sure no one was still inside, deeming it safe for investigators to enter. Investigators would later find a single boot print on the balcony where Zahau’s nude body was found bound and hanging. The shoe print would end up being one key piece of evidence. Investigators needed to find out who it belonged to, and if someone else was with Zahau before her body was discovered.SLIDESHOW: Coronado death investigationThe Zahau family lawyer is trying to prove Adam Shacknai was with her and played a role in her death. Shacknai’s lawyers argue there is not a single piece of evidence that ties him to Zahau’s death.  His DNA was never found at the scene, and there were no eyewitness accounts to support the Zahau family’s claim, lawyers say. The officer on the witness stand was questioned about the shoe print by Keith Greer, Zahau’s family lawyer.“Do you know whether or not that footprint on the deck is yours?” Greer asked.“Personally I do not, but I’ve been told that it is,” replied the officer.He said as part of the investigation, his boots were taken in as evidence.Investigators later determined the print was accidentally left behind by the officer during his sweep of the home.The same officer who testified answered questions from Shacknai’s lawyers about a call he responded to at the home days before Zahau’s death.Zahau’s boyfriend’s son, Max Shacknai, had suffered a life-threatening fall inside of the home while in her care.“Once I entered the house I saw a small boy on the ground with some debris on him,” said the officer.He went on to say he remembers seeing Zahau very emotional and crying, but doesn’t remember directly speaking with her.A PERT counselor, a fingerprint expert and a handwriting expert are also expected to testify Monday. 2314

SAN DIEGO (KGTV) — More than 100,000 spectators are expected to line Harbor Drive this month for the annual Port of San Diego Holiday Bowl Parade.Dubbed "America's largest balloon parade," the seasonal spectacle brings a procession of massive balloons, marching bands, and dancers to San Diego ahead of the collegiate Holiday Bowl game at SDCCU Stadium.PARADE INFOCatch the Holiday Bowl Parade starting on Dec. 26 at 3 p.m. near the County Administration Building on Harbor Dr. The parade will head south on Harbor Dr., coming to an end at the corner of Pacific Highway, near Seaport Village.The parade is free to view, but tickets to watch from the Grandstand will cost each, or the day off.Check out the parade route here.STREET CLOSURESMultiple streets will be closed along the parade route for the parade starting at 7:45 a.m.:Harbor Drive from Grape to BroadwayPacific Highway (one southbound lane) from Grape to AshPacific Highway from Harbor to BroadwayHarbor Drive from Broadway to Pacific HighwayTRANSPORTATIONParade goers are encouraged to use ride-sharing services, MTS trolley service, or park in a nearby metered lot or spot. Street parking and lot space is available on a first come, first serve basis.Nearby parking lots include:BRIC North and South (corner of West Broadway & Pacific Highway)Wyndam San Diego Bayside (access from Pacific Highway)Hilton San Diego Bayfront (1 Park Blvd, San Diego, 92101)San Diego Convention Center (111 West Harbor Drive, San Diego 92101)B Street Pier or Navy Pier: These lots will have no entry or exit from 12:30 a.m. to 6:00 p.m.The closest trolley stops to utilize are County Center/Little Italy, Santa Fe Depot, America Plaza, Courthouse, and Seaport Village stations.From North County, visit gonctd.com for the schedule for the COASTER train. Exit at the Santa Fe Depot station and walk three blocks west.WHERE TO WATCHThe best viewing area is near the Maritime Museum of San Diego, according to officials. This is where specialty units and bands will perform for television networks. But being along the Embarcadero, you'll be hard-pressed to find a scenic viewing location.RELATED:10 special holiday events coming to San DiegoQuaint mountain towns near San Diego County to visit this holiday seasonHoliday parades: Festive San Diego parades to catch this seasonPop-up bars, yuletide events hit San Diego this holiday season 2401

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 29-year-old Cal Fire firefighter who died Monday after a training hike is being remembered. Yaroslav Katkov was hiking Sunday with his crew from Cal Fire / San Diego County Fire Station 16 in De Luz when he had a medical emergency, Cal Fire Director Thom Porter said. Katkov was flown to Temecula Valley Hospital in Riverside, where he died Monday morning. His cause of death was not specified. “On behalf of all Californians, Jennifer and I extend our sincere condolences to CAL FIRE Firefighter Yaroslav Katkov’s family, friends and colleagues during this difficult time. It’s the work of brave firefighters like Yaroslav that keep our communities safe, and we are deeply grateful for his service,” said Governor Gavin Newsom. Newsom and Porter ordered flags at the Capitol and Cal Fire facilities to be flown at half staff.Porter said Katkov joined Cal Fire as a seasonal firefighter in August 2018. Katkov, who lived in Escondido, is survived by his parents and brother. 1004

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