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SAN DIEGO (CNS) - UC San Diego announced Monday a million gift from the John and Mary Tu Foundation, designated to help increase the number of people tested for COVID-19, as well as develop new ways to track and treat the virus.The award supports the clinical research activities of UCSD translational research virologist Dr. Davey Smith, who is "advancing new diagnostics, therapies and ways to monitor the spread of the virus," according to a university statement."What we are trying to do is save lives," John Tu said of the gift to create the John and Mary Tu Foundation COVID-19 Response Fund. "It's very simple: with this research, Dr. Smith is working on behalf of everybody, to save us, to save the world."At the onset of the pandemic, Smith and his team began to investigate methods that would increase the efficiency of testing as well as understand the disease process -- how the virus mutates and spreads within a population. Through sequencing the virus, he is able to track the disease as it spreads into vulnerable populations, which informs the best means for contact tracing.Smith is also leading clinical trials to test new drugs for treatment of COVID-19 for those who have moderately severe cases."At this critical time during the COVID-19 pandemic, the generosity of the John and Mary Tu Foundation has an immediate positive impact on our efforts," said UCSD Chancellor Pradeep K. Khosla. "Their support allows experts like Davey Smith to quickly mobilize to mitigate the spread of the virus and develop treatments for those affected."Smith said the gift was important, as he and his team had limited resources, which would have frozen their progress."The foundation saw that time was of the essence in this pandemic and that science was going to get us out of it," he said. "Now we are conducting a number of clinical trials, including those for vaccines, and have found new drugs that will likely move to treatments soon."As chief of UC San Diego's Division of Infectious Diseases and Global Public Health and co-director of the San Diego Center for AIDS Research, Smith and his team are positioned to rapidly respond to the spread of pandemics like COVID-19."It's not a matter of if a pandemic can happen, but when," Smith said. "We need to bolster science, technology and capabilities to prepare for pandemics." 2347

SAN DIEGO (KGTV) -- A bankruptcy judge told a San Diego-based financial investment advisor that he was spending against her orders. She told Christopher Dougherty he doesn’t have the right to prefer his kid’s expenses over his creditors.Today the judge ruled Dougherty will be in Chapter seven bankruptcy, meaning that he and his wife are no longer in charge of their own assets.A trustee will investigate and liquidate those assets.Dougherty is being accused of running a Ponzi scheme targeting mostly elderly victims who planning for retirement and taking more than million, according to bankruptcy court records.In bankruptcy court documents, the United States Trustee wrote Dougherty’s “deception is the basis of a Ponzi scheme.”“[Their] practice of using new investment money to pay existing investors dividends and the principal gave the false impression that the payments received by investors came from earnings and profits or from a return of their principal,” the documents said.The San Diego County Sheriff's Department tells 10News there is a criminal investigation into Christopher Dougherty with at least 30 potential victims.The Securities and Exchange Commission also has an open investigation into Dougherty. 1237

SAN DIEGO (KGTV) -- A family from Chula Vista is desperately looking for their 9-year-old loved one. Erik Ochoa was swept away by the current in Rosarito on Easter Sunday. Ochoa lives in Tijuana with his father. His sisters, Zusel and Hilary live in Chula Vista. The boy was with two other children walking along the beach in Rosarito when they were swept away. One boy made it out of the current and ran to get an adult nearby. The third child washed ashore, lifeless, 25-minutes after going missing. Erik hasn't been seen since. The sisters have been looking for their brother since they heard about what happened. They've been going from Imperial Beach all the way down to Border Field State Park.The Mexican Navy is actively searching on the Mexican side. The U.S. Coast Guard broadcast a message to boaters telling them to be on the lookout. Erik was last seen wearing green shorts and a striped shirt. The family tells 10News the Mexican Navy will search until Sunday.  1008

SAN DIEGO (KGTV) - A 13-year-old Tierrasanta boy is battling for his life after family members say he was diagnosed with bacterial meningitis.A week ago Sunday, Grant Eyles started throwing up while his mother drove him and his siblings back from Los Angeles.  He quickly developed a fever, but didn't get worse until Thursday, when he lost mobility on his right side and became confused.His mother says a battery of tests pointed to bacterial meningitis, where membranes around the brain and spinal cord become inflamed, and it started with a common ailment."It was a complication essentially from a sinus infection.  The infection breached the sinus cavity and went into the brain," said family friend Vanessa Bredehoft.Over the weekend, seizures forced doctors to place Grant in a medically induced coma.  Grant remains in critical condition.County health officials say many strains of bacterial meningitis do not require an alert for person-to-person prevention, and this appears to be one of those cases.A fundraiser dubbed "Dance for Grant" is scheduled for March 3rd from 8 a.m. to 11 a.m. at Studio K Dance and Fitness.A Gofundme campaign has been set up to help with the family's expenses. 1221

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

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