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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 Carmel Valley family who moved from Parkland, Florida is upset after learning two Parkland victims died of apparent suicides.Erin George says these suicides in her hometown are re-opening old wounds. It has her wondering how many more lives will be lost due to the senseless tragedy. She said, “I was numb. I just thought when does the loss of life stop from this.”Erin’s daughter Lauren lost a friend in the shootings. She worries about the emotional impact the shootings will have on her daughter.Suicide prevention experts say the best thing you can do is look for warning signs and talk to your teenagers. Simply ask them if they have thought about suicide. They say the best time to talk about it is when they are not depressed. Warning signs include a drastic change in behavior or withdrawing. If you or someone you know is contemplating suicide, call the San Diego Crisis Line at 1-888-724-7240. You can also call the National Suicide Prevention Hotline at 1-800-273-8255. 1010

SAN DIEGO (KGTV) - A former San Diego Kaiser doctor who was caught watching child porn at work will have his license reinstated.The news of the reinstatement became available this week, in documents provided by the California Medical Board.Former psychiatrist Mark Zweifach went in front of the board three weeks ago for a hearing on reinstating his license. A video of the hearing recently became available to the public.For the first time on-camera, Zweifach describes his own shocking acts that still haunt him.LONGFORM: Former San Diego Kaiser doctor caught watching child porn at work tries to get his license back“Eleven years ago, on three occasions, I briefly viewed child pornography at my workplace,” he said.It was more than a decade ago that the admitted sex addict turned in his white coat, but the District Attorney's office didn't have enough evidence to bring criminal charges.California Medical Board paperwork reveals that the alarming discovery was made at a Kaiser Permanente Medical Center in El Cajon. Some of the paperwork reads, "While at work, on his Kaiser-issued computer, [he] viewed inappropriate images, including child pornography."“I didn't collect it. I didn't produce it. I didn't distribute it, but I viewed it,” he told the board during his recent hearing.RELATED: Other Team 10 investigationsSince then, Zweifach’s become an active part of the San Diego community, according to his online resumes. A 2014 La Jolla Light website article about a local puppet guild shows a photo of Zweifach as a puppeteer operating a large, red puppet.As of late July, he was listed as a board member of the San Diego Puppetry Guild’s website. The day after 10News reached out, his name was removed.Documents outline his road to rehabilitation, like a 12-step “Sexaholics Anonymous” program and “regular therapy.”During his recent hearing, he describes having confronted whatever happened to him as a kid that apparently made him vulnerable to addiction.“I did have a history of being exposed to childhood sexual experiences that profoundly affected me,” he explains.Zweifach also told the board that he’s had two relapses with viewing adult pornography, but it stopped there.“I thank God that in the last eleven years, I’ve been entirely free of viewing the underage images that led to the loss of my license,” he adds.Zweifach has expressed a great deal of remorse for his actions.His license will officially be reinstated on September 14th.Zweifach will be on five years of probation which includes a number of stipulations, including not treating minors. He must also undergo continued psychotherapy. 2651

SAN DIEGO (KGTV) -- A car being pursued by the California Highway Patrol crashed in the Carmel Valley area early Friday morning.Around 12 a.m., CHP officers attempted to pull over a 2020 Toyota Camry for speeding on southbound Interstate5 near Del Mar Heights Road, but the driver refused to stop.Officers say the driver was traveling at 135 mph.The car tried to exit on Carmel Valley Road, but when the driver attempted to get back on the freeway, she lost control on the on-ramp and crashed.Officers took six women into custody from the car, including the driver.It's unclear why they chose to flee from CHP officers.Paramedics later responded to evaluate minor injuries. 681

SAN DIEGO (KGTV and CNS) -- A San Diego County deputy facing charges that he groped 13 women was arrested again Thursday on five new charges, including forcible oral copulation.Richard Fischer, 32, is being held on million bail and is scheduled to be arraigned Friday morning in a Vista courtroom.Fischer faces more than 10 years if convicted on the new charges, according to the District Attorney. Fischer is already facing 14 years and eight months behind bars if convicted on previously filed charges.RELATED: San Diego deputy accused by multiple women of sexual assault speaks publiclyIn July, Fischer, accompanied by his attorney, spoke out for the first time about the accusations."These charges are simply untrue. I vigorously deny them," he said, with his wife and his new attorney, Manny Medrano, by his side. Fischer also said he and his wife pray every night that his good name will be cleared.RELATED: San Diego County Sheriff's Deputy facing additional sexual assault claimsA total of 19 women have filed lawsuits against Fischer in civil court, alleging that he assaulted them while on patrol. Medrano previously claimed the case boiled down to “she said, he said.” 1210