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SAN DIEGO (KGTV) - The trial for a former San Diego County sheriff's deputy accused of sexual misconduct while wearing his uniform began Monday in Vista.More than a dozen women claim Deputy Richard Fischer made unwanted advances."I think he's a bad guy," a San Marcos woman, who filed ,000,000 claim against the County, said.She said in August of 2017 two sheriff's deputies knocked on her door in the middle of the night for a welfare check. There was no problem and they left but she said Fischer returned alone an hour later, saying he needed to use her restroom; then told her she was cute and hugged her, several times."I was stunned shocked, it was very fast and confusing...I felt very vulnerable, intimidated, felt weak. I felt little." She said, next to tears. "It's just a mess! Everything is a mess! This is hard to do. He shouldn't have come back to my house and I don't ... Everything's a mess!"Similar instances were described by other women. In October of 2017, near the entryway of a 64-year-old woman's condo, Fischer took her report for a domestic violence incident and then made his move."His hands went all the way down to her butt and he squeezed both of her buttocks... he took her hand and pulled it down to his groin area," Lawyer Dan Gilleon said. He represents several women who filed claims against Fischer.Gilleon made a theme apparent, "he knows that she's alone, and she's vulnerable, and she's scared." Another victim called him a predator.Some women who came forward claim Fischer became more brazen, forcing sexual acts.Wednesday a plea deal fell through. The deal would mean Fischer would plead guilty to four felony charges -- down from more than 12 felonies -- and serve no more than five years in prison.10News learned that Fischer would also have to register as a sex offender for life under the plea deal.Fischer faces more than 25 years in prison if convicted of all charges. He has emphatically denied the allegations.Read Related:7th woman accuses San Diego County Sheriff's Deputy Richard Fischer of inappropriate behavior5th accuser accuses San Diego Sheriff's deputy of inappropriate behaviorSecond woman accuses San Diego Sheriff's deputy of inappropriate behaviorSan Diego County sheriff's deputy accused of sexual misconduct pleads not guilty 2300
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 parents of more than 600 migrant children still haven’t been found, more than two and a half years after thousands of children were separated from their parents at the border.The separations happened from 2017 to 2018, as part of President Trump’s zero tolerance policy.According to a tweet from the ACLU, the parents of 666 migrant children have not been found, that number is over 100 more than what was reported during a court hearing in late October.The zero tolerance policy started in 2017, when over 2,700 children were separated from their parents after crossing the U.S. - Mexico border. The policy was ended by San Diego federal Judge Dana Sabraw in 2018.Last month, the same judge asked the Trump administration to do more to help find the children’s parents.Richard Villasana is the founder of Forever Homes for Foster Kids, a San Diego charity that helps locate families of children in the U.S. foster care system, often times working in Latin American countries.“Some of these children will never be reunited with their parents because there was just not enough information to work with,” says Villasana.The ACLU says the children’s parents are believed to be in their home countries. Villasana says the process of finding relatives in other countries is very complicated, often times only having a last name or a city to work with. Other times, Villasana says, volunteers have to depend on the child’s memory for information, which can be challenging if they are too young.“Depending upon their age, they’re probably not going to be of any help to help the attorneys with ACLU and those non-profits to connect them to their parents,” explains Villasana.As reunification efforts continue, Villasana expects that it will be years before these children’s parents are found and he says it’s likely some will never be located.Another court hearing is scheduled in San Diego on December 4th. 1932
SAN DIEGO (KGTV) -- The San Diego Police Department is warning residents to be careful what they donate after someone reportedly brought in a grenade to a local charity, the department said.“One of our local charities found this as they were sorting donations,” the department said, referring to the grenade.Police said the device was only a training grenade, but that officers “took every precaution as if it was real.”“It may be the season of giving but please DO NOT include this as a part of your donation,” the department added.It may be the season of giving but please DO NOT include this as a part of your donation. One of our local charities found this as they were sorting donations. Thankfully this was only a training grenade but we took every precaution as if it was real! pic.twitter.com/MFgDcPXM1j— San Diego Police Department (@SanDiegoPD) December 8, 2020 880
SAN DIEGO (KGTV) — The tight race between two democrats to become San Diego's next mayor is seeing an increase in attacks, less than four weeks before the election.Democrats Todd Gloria and Barbara Bry have both said they were not involved with messages that have gone out over the last few days. On Wednesday, Barbara Bry called a news conference Wednesday in response to two mailers she said were deceptive — one sent to Democrats made her out to be the Republican choice for mayor, while the other, sent to Republicans, made her out to be very liberal. "I think these mailers are very deceptive, they do not explain who I am as a person, they were done in a deceitful way to purposely deceive voters about who I am," she said. Both mailers appeared to be in support of Bry, with quotes or images from well-known public local officials. But a closer look shows that a committee that supports Todd Gloria paid for the ads. Attorney Gil Cabrera, the principal for Neighbors for Housing Solutions Supporting Todd Gloria, which sent the mailers, says their purpose is to show that Bry is trying to be different things to different voters."The one thing she hasn't said is that any of the quotes are inaccurate or any of the policy positions are inaccurate, which is, I think, interesting," he said. A spokesman for Gloria says the candidate is not legally allowed to coordinate with those mailers and has not done so. Meanwhile, Gloria is taking attacks from conservative radio host Carl DeMaio over his recent support of a bill that doesn't automatically force someone to register a sex offender in certain circumstances after sex with a minor - meant to end discrimination against LGBTQ individuals.Demaio said he did it on his own and said he has not endorsed Bry. Bry said her campaign had nothing to do with the texts and disagreed with Gloria's vote on the bill, Senate Bill 145.Political Analyst John Dadian said denouncing an ad would be a victory for an opponent. "You're never going to agree with your opponent, so that's why she's saying I'm not going to denounce it, you go talk to Carl DeMaio," he said. "And then on the other side of the coin, Todd Gloria is doing the exact same thing."The race is in a dead heat, according to the ABC 10News/Union-Tribune scientific poll released this week. It showed Gloria leading Bry 39% to 38%, well within the margin of error. 2387
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