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Experts explain how Sac Co. church gunman could still see his kids

Following the deadly shooting in a Sacramento county inside a church earlier this week, legal experts explain how the gunman still had the right to visit to see his children despite a restraining order. Ten-year-old Samantha Mora Gutierrez would turn 11 on Wednesday. Samarah’s sister was 9 years old and Samia’s other sister was 13. Deputies say the girls’s father, 39-year-old David Mora Rojas, was responsible for the shooting. It happened Monday at the Church in Sacramento. Fifty-nine-year-old Nathaniel Kong, a family friend and church leader, was also killed. Deputies say Mora Rojas turned his shotgun on himself when apprehended by a police officer on the porch of the house where the shootings took place. Two sources told NBC News that the weapon he used was an AR-15 semi-automatic rifle. It is not clear when Mora Rojas took the gun or whether he told the court he had the gun as soon as a restraining order was issued. State law prohibits anyone with a restraining order against having a firearm. Court documents obtained by KCRA 3 show that a five-year restraining order was issued against Mora Rojas last year. However, he was still able to see his ex-girlfriend, the mother of the young girls who were murdered, through court-ordered visits. The Associated Press reported that during the filing of the restrictive decree, the woman – whom the Associated Press chose not to name because she was abused – said Mora Rojas had threatened to kill her if she had ever cheated on him and that he had strangled her in the past. In a document from April 2021, the mother also expressed her concern for the safety of the three girls. Mora Rojas was ordered to stay 100 yards away from them, but the court allowed him a weekly visit under supervision. Jaya Badiga, Assistant Professor of Family Law at Pacific University McGeorge Law School, said the limit on depriving Mora Rojas of her rights was not specific. “Sometimes, there are acts of sexual assault on children or minors. This is automatic, without a visit until we understand it.” But beyond that, Badiga told KCRA 3 that the court usually wants to see what kind of interventions could be made to bring the family back – even in cases of physical abuse. “Many times, we do not see clear cases where the immediate and obvious answer to a reasonable person would be, not anymore.” Badiga said what could make all the difference was how the alleged abuse was described in official documents and before a judge. In many cases, there are simply not enough details. ” “I have no idea,” said Badiga. “People sometimes suffer so much trauma from dealing with it that they do not process what may be required by law.” Mora Rojas was referred to a psychiatric detention center for a week and his ex-girlfriend and their three daughters then moved from the house in Sacramento where they were staying with Mora Rojas. described Mora Rojas as a “very jealous man” in her request for the restrictive decree. She talked about the fear that Mora Rojas would hurt her. When he asked a friend, Nathaniel Kong, to supervise the girls’ visits to Mora Rojas, The woman called Mora Rojas mentally unstable. But Badiga once again emphasized the importance of being more specific. “This is probably not enough as a factual claim for the court to determine whether the mental state would have an impact d visit,” Badiga said. Badiga added that it is almost always better to have a professional supervisor, as there are more protection measures. went on to explain that after a visit with a professional supervisor, a report is made that notes any strange behavior and describes any red flags. He said this could be extremely important in determining whether the visits should be re-evaluated.

Following the deadly shooting in a Sacramento county inside a church earlier this week, legal experts explain how the gunman still had the right to visit to see his children despite a restraining order.

Ten-year-old Samantha Mora Gutierrez would turn 11 on Wednesday. Samarah’s sister was 9 years old and Samia’s other sister was 13. Deputies say the girls’s father, 39-year-old David Mora Rojas, was responsible for the shooting. It happened Monday at the Church in Sacramento. Fifty-nine-year-old Nathaniel Kong, a family friend and church leader, was also killed. Deputies say Mora Rojas turned his shotgun on himself when apprehended by a police officer on the porch of the house where the shootings took place.

Two sources told NBC News that the weapon he used was an AR-15 semi-automatic rifle. It is not clear when Mora Rojas took the gun or whether he told the court he had the gun as soon as a restraining order was issued. State law prohibits anyone with a restraining order against having a firearm.

Court documents obtained by KCRA 3 show that a five-year restraining order was issued against Mora Rojas last year. However, he could still see his ex-girlfriend, the mother of the young girls who were killed, by court order, under surveillance.

The Associated Press reported that during the filing of the restraining order, the woman – whom the Associated Press chose not to name because she was abused – said that Mora Rojas threatened to kill her if she ever cheated on him and that she had strangled her in the past. . In a letter from April 2021, the mother also expressed concern for the safety of the three girls.

Mora Rojas was ordered to stay 100 yards away from them, but the court allowed him a weekly supervised visit. Jaya Badiga, an assistant professor of family law at Pacific University’s McGeorge Law School, said the threshold that would deprive him of the right to visit Mora Rojas was not specific.

“As a practicing lawyer, I would say it is a mobile line. It depends on the circumstances of the case,” Badiga said. “Sometimes, there are acts of sexual assault against children or minors. This is an automatic, no-visit until we understand.”

But beyond that, Badiga told KCRA 3 that the court usually wants to see what kind of interventions could be made to bring the family back – even in cases of physical abuse.

“Many times, we do not see clear cases where the immediate and obvious answer to a reasonable person would be, not anymore,” Badiga said.

Badiga said what could make a difference is how the alleged abuse is described in official documents and before a judge. He said that in many cases, there are simply not enough details.

“If what was in front of the court did not show harm to children or threats to children, or how really irregular or dangerous it was, the court would have no idea,” Badiga said. “People are sometimes so traumatized by their treatment that they do not process what may be legally required.”

The court documents detail the alleged verbal and physical abuse that Mora Rojas caused to his family. Last April, his ex-girlfriend told him he called police after he became aggressive and threatened to kill himself. Mora Rojas was remanded in custody for a week and his ex-girlfriend and their three daughters then moved out of the house in Sacramento where they lived with Mora Rojas.

The woman described Mora Rochas as “very jealous” of her request for the restrictive decree. She said she was afraid Mora Rochas would hurt her. When she asked a friend, Nathaniel Kong, to be the supervisor during the girls’ visits to Mora Rojas, the woman called Mora Rojas mentally unstable.

But Badiga once again stressed the importance of being more specific.

“That’s probably not enough for a real allegation to determine the court if the mental state would have affected the visit,” Badiga said.

Badiga added that it is almost always better to have a professional supervisor, as there are more safety valves.

“They do not allow people to carry backpacks that have hidden things,” Badiga said.

Badiga went on to explain that after a visit with a professional supervisor, a report was made noting any strange behavior and describing any red flags. He said this could be extremely important in determining whether the visits should be re-evaluated.

Experts explain how Sac Co. church gunman could still see his kids Source link Experts explain how Sac Co. church gunman could still see his kids

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