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SAN DIEGO (KGTV) - A father and son heading to see the border wall became stuck in a flooded stretch of the Tijuana River Valley Thursday.Two men from Idaho and North Dakota told 10News, they were on a father-son vacation in San Diego. They said they came down to the Tijuana River Valley to see the border wall with their own eyes. But the out-of-towners did not know about the notorious dip in Saturn Boulevard.According to San Diego Fire-Rescue, the men ignored road closure signs in the flooded area, and drove through the water.Their truck made it halfway across before it got stuck in five feet of water.After the water reached the truck’s window, the 75-year-old father — who was the driver — climbed out and waited on his roof for help to arrive. The 49-year-old son was able to swim to safety.RELATED: How to check if your neighborhood is at risk of flooding Lifeguards used a boat to paddle out to the man, who got on board and returned to dry land. No injuries were reported. Rescuers were required to go through a multi-step decontamination process after wading into the potentially polluted water.The truck will remain in the water until the flooding has receded, officials told 10News. 1207

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 cold winter storm battered the San Diego region Tuesday, hitting the county with heavy rain and pouring snow in the mountain areas. 160

SAN DIEGO (KGTV) - A billion trolley extension in San Diego just hit a roadblock that could delay the project and drive the price tag even higher.Team 10 discovered the building permit for the Nobel Drive – La Jolla Village Square parking structure was not approved. The project development is being led by the San Diego Association of Governments (SANDAG).According to a letter sent from the City of San Diego to SANDAG, "The City determined in October 2019 that a building permit cannot be issued because the plans do not comply with the California Building and Mechanical Codes."The letter stated that the design of the parking structure includes a natural ventilation system, and the Building and Mechanical Codes require a distance separation of 10 feet where no other structures can be built that would block that ventilation. It goes on to state that the Building Code requires a minimum fire separation distance to an assumed property line between buildings or a property line.According to the letter, "The City understands it is SANDAG's position that the language in the easement being acquired for the parking structure prohibiting the property owner from causing a hazardous condition to the structure or the easement is sufficient to provide the necessary fire separation. However, the City disagrees that this language expressly prohibits the property owner from building on its property within the ten-foot separation required for the parking structure to comply with the Building Code. The parking structure easement only covers the footprint of the structure, and no other building restricted easement was obtained over the ten-foot separation area. The easement language specifically states that SANDAG has the responsibility for ensuring that the structure meets applicable building codes and safety standards."In a statement to 10News, the City of San Diego Chief Building Official wrote, "The City of San Diego has continuously worked with SANDAG and provided it with several options to incorporate the required fire-separation distance into its proposed Nobel Drive Parking Garage project and achieve compliance with the Building Code. Once the project design meets the building code requirements, a building permit will be issued."On Wednesday, SANDAG's Chief of Capital Programs Jim Linthicum told 10News the disagreement has nothing to do with the ultimate engineering of the project."It has nothing to do with any of the technical, the engineering, the mechanical work inside this parking structure they've all approved that," Linthicum said. "It has to do with a long issue of a setback, and so what we've requested is let us keep on talking and figure this out, but concurrently, let's keep the construction going so that Mid-Coast [Trolley] stays on schedule and on budget."Linthicum said the City requested a setback from the parking structure. He said the two agencies disagree on what exactly the code says."While we're working through this disagreement, we've asked for kind of a conditional or temporary permit to let work continue."Here's why the parking structure is so important. Beyond the parking spots, it will house some of the signaling and communication hardware that's needed to operate the trolley.Team 10 investigator Adam Racusin asked Linthicum if this could de-rail the project."Absolutely not," Linthicum said. "What this could do is this could delay the opening, and whenever you delay the opening, whenever you delay any mega project like this, it increases cost, and I think most people would understand that. We don't want to delay the opening, and we don't want to have increased cost. We have been working great with all the partners on this project. You know, with the City of San Diego, UCSD, and Caltrans, we've been working great. This, in my view, is just a small hiccup where they don't feel comfortable issuing a temporary or conditional permit."Linthicum said while they continue talking to the City of San Diego, they want the work to keep progressing."SANDAG has the authority under our MOU, our memorandum of understand with the city, to take this on ourselves," Linthicum said. "So we're going to be going to our board of directors later this month asking for that permission to do so."Linthicum said he's confident the parking structure will be open on time in October, keeping the project on budget and on track.A spokesperson for SANDAG also sent 10News a statement that says in part, "Throughout the Mid-Coast Trolley project, SANDAG has worked diligently to ensure that all design and construction work complies with California Building Codes and other applicable regulations. SANDAG continues to work through the technical issues raised by City of San Diego with regard to the Nobel Drive Trolley Station parking structure and is optimistic that the requisite building permit will be issued to allow the timely completion of the structure. The Mid-Coast Trolley project will add 11 miles to the UC San Diego Blue Line Trolley, extending service from the Santa Fe Depot in Downtown San Diego north along the I-5 corridor to the University community. The project is over seventy percent complete and remains on schedule." 5204

SAN DIEGO (KGTV) - A former North County contractor exposed by Team 10 was charged with more than a dozen alleged crimes.Marc Morningstar was arraigned in a San Diego court Friday afternoon.According to the prosecutor, Morningstar's charges include failure to pay tax, grand theft of personal property, using personal identifying information of another, fraudulent use of a license number and contracting without a license among other things.RELATED: California's contractors license board investigating San Diego painting companyTurf installer investigated by Team 10 now accused of using other contractors' licenses to get workThe license holder of the company he was allegedly working for, Quality Painting SoCal, was also charged.Maria Meeuwisse was charged with grand theft, fraudulent use of a license number and contracting without a license, along with several other alleged crimes.Court records show in September 2018, Morningstar pleaded guilty to diversion of construction funds, grand theft of personal property and improper home improvement contract procedure.RELATED:10 tips to avoid a contractor nightmareUnsatisfied customers claim Hybrid Turf owner took their money but didn't do the job On Tuesday, the Contractors State License Board added disclosures to Quality Painting SoCal’s license. A disclosure means the CSLB has an open investigation against the company and has disclosed on its website that it believes there is evidence of a probable violation that would lead to either a suspension of revocation of the company’s contracting license and/or criminal prosecution.CSLB’s investigation is open. There are no criminal charges at this time.The two violations CSLB is investigating are a departure from trade standards or specs and willful or fraudulent act.On Wednesday a spokesperson for the CSLB told Team 10 the company notified state officials it plans to shut down and cancel Quality Painting SoCal's license. 1947