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SAN DIEGO (KGTV) - The woman who was shot in the forehead by a police bean bag during Saturday's protest in La Mesa is slowly recovering but her attorney told 10News that the family is still desperate for details from police about what happened.10News has video of 59-year-old Leslie Furcron as she was recording a Facebook Live. She is heard yelling and then the phone drops and the screen goes black.“She was struck in the forehead with a ballistic bean bag projectile,” said attorney Dante Pride during Thursday’s interview with 10News.Pride said Furcron was among the thousands of people in front of the La Mesa Police Department. He said that she was peacefully protesting police violence and the killing of George Floyd when he said that it all turned to chaos and an officer fired at Furcron. On Wednesday, the department said that once officers deemed the gathering to be an unlawful assembly, they began to use measures to disperse protestors, including tear gas and bean bag rounds. Furcron was placed in a medically induced coma with a breathing tube, which was just removed. “On June 3rd, they took the tube out of Ms. Furcron’s mouth. She is still is unable to speak at this point and she did have a surgery I believe on the 2nd to repair the damage to her forehead,” added Pride. He said that doctors still don’t know if she’ll lose an eye.On Thursday afternoon, La Mesa Police reported that the investigation is ongoing and there are no new details to release.Pride said he believes that a third party should be investigating the incident and that the officer who fired the bean bag should face criminal charges if it's deemed appropriate. “There should never be a point in time where an officer should shoot a metal projectile bean bag from an elevated position down on a crowd. That is dangerous and it can kill people and it almost killed Ms. Furcron,” he added.Assemblywoman Lorena Gonzalez tweeted about the use of less lethal weapons on protestors. Her tweet reads, “In response to recent days filled with images of peaceful protestors maimed by rubber bullets, we will be introducing legislation to set clear standards on how law enforcement should (and shouldn’t) use these weapons. On Thursday, her office sent 10News the following statement:“No one who is simply exercising their right to protest should face possible injury or death because officers are indiscriminately firing rubber bullets into a crowd. Breaking a city-imposed curfew is not a sufficient basis for use of rubber bullets. Crowd control where there is no rioting is not proper grounds to use rubber bullets. It is past time for the State of California to set clear standards on when and how these bullets are used by law enforcement.” 2736

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 Department of Agriculture is warning residents not to open unsolicited packets of seeds some people reported receiving from China.The department says it has taken 58 calls from people reporting receiving the seeds as of Wednesday afternoon and warns anyone who receives a package to not plant the seeds or throw them away. “The main concern with these seeds is that they were mislabeled and went through customs without an inspection. Seed from other countries might have pests or diseases that don’t exist here. The County Department of Agriculture, Weights and Measures is constantly looking for invasive pests which can be weeds, insects, or diseases. They can cause a lot of harm and we work hard to eliminate them.”RELATED: Mysterious seeds sent from China to US mailboxesThe department says unopened seed packets should be dropped off at drop boxes at 151 E. Carmel St, San Marcos 92128 or 9325 Hazard Way, San Diego 92123 address. They will then be sent to the USDA for analysis.Anyone unable to drop off the seeds should call 760-752-4700.Kimberly Pierce-Nolan is just one of the San Diego County residents to receive the seeds. She said she didn't think anything of it when it arrived at her Imperial Beach home a few weeks ago."I said 'I don’t remember ordering and I thought maybe I did, or maybe it was a free gift or something,'" she said.She put the package aside until recently, when posts and warnings about the seeds started circulating. She said she's happy she didn't throw it away or plant them, but is nervous that her name, address and phone number were all on the package.Reports of unidentified seeds from China have been popping up across the country. All 50 states have now issued warnings about the packages. The department believes it is all part of a “brushing” scam used to boost ratings for online vendors. The packaging label ranges from jewelry to "handmade flowers," and the seeds on the inside vary in size and shape.“At this time, we don’t have any evidence indicating this is something other than a ‘brushing scam,’ where people receive unsolicited items from a seller who then posts false customer reviews to boost sales. USDA is currently collecting seed packages from recipients and will test their contents and determine if they contain anything that could be of concern to U.S. agriculture or the environment,” the USDA said.Wang Wenbin, a spokesperson for China's foreign ministry, said at a briefing on Tuesday that the address labels were forged and that China Post has asked USPS to send those packages to China for investigation. 2618

SAN DIEGO (KGTV) - Thousands of Qualcomm employees went to work Tuesday no longer facing the threat of Broadcom's hostile takeover. President Trump blocked the 7 billion bid from Singapore-based Broacom on Monday, citing national security concerns. But Qualcomm is still facing several uncertainties.RELATED: Trump blocks Broadcom's bid to take over QualcommThe San Diego-based tech giant last week saw its executive chairman, Paul Jacobs, step down; it is still in a legal battle with Apple, and has faced international fines due to alleged anti-competitive practices. The Broadcom bid will free up Qualcomm to improve its own performance."It's one less hurlde because there's enough stuff the company has to deal with instead of worrying who is at the back of us," said Nikhil Varaiya, a finance professor at San Diego State University. RELATED: Qualcomm delays shareholder vote on Broadcom takeover for national security reviewOne Qualcomm worker, who declined to give his name, said employees were breathing a sigh of relief.San Diego's economic officials are as well. The San Diego Regional Economic Development Corporation recently reported that the company has a .9 billion annual economic impact, equivalent to 35 Comic-Cons.Nikia Clarke, the organization's vice president, said Qualcomm also plays a role in recruiting tech companies and talented workers to San Diego.RELATED: Paul Jacobs leaves Qualcomm's executive management"Qualcomm has so long been an anchor of that innovation economy, and as our largest employer, of course, everyone int he region and certainly all of us in the office were watching very closely," Clarke said. Varaiya said he expects Qualcomm to focus on developing its 5-G technology, and its acquisition of NXP Semiconductors, to boost its performance. 1856

SAN DIEGO (KGTV) - The San Diego Padres kept their season alive Thursday with a come from behind win against the St. Louis Cardinals.The Padres lost the first game of the wild card series, but Thursday’s win forces a third game against the Cardinals.“Feeling incredible,” Padres fan Chris Pekos said after the game. “As a native San Diegan, I’ve loved The Pardes forever. We’ve waited a long time for a huge win like this.”Pekos was one of many Padres fans that watched the game in one of the downtown restaurants near Petco Park. However, large crowds, typically expected during a make-or-break game, were noticeably absent, likely due to the pandemic and social distancing rules.The Padres play the Cardinals in game three on Friday. 743