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New Law Takes Guns Away From Abusers

POSTED: 8:45 pm PST February 15, 2007
UPDATED: 12:36 pm PST February 16, 2007

Domestic violence is taking its toll in San Diego.

According to reports, 40 percent of all 911 calls to local law enforcement deal with domestic violence.

There are some struggles that often turn deadly, especially when guns are involved.

Evan Nash was a young boy who loved spending time in his tree house and playing sports.

“He loved basketball and loved to body surf,” said Evan’s mother, Lucy Nash.

Nash never married Evan’s father, Bill Hoffine.

Nash said Hoffine had many emotional and financial problems about which Evan knew.

“Evan came home one day and said Bill was threatening to commit suicide,” said Nash.

Hoffine’s mood swings scared Evan, and Nash got a restraining order.

“I said, 'I sure hope this doesn't set him off,'” said Nash.

On Evan’s first day at Point Loma High School, his father learned of the restraining order.

The next day, Hoffine was served the restraining order.

A day later, Evan was killed.

The day Evan died, school was just out and he was running with his track team along Voltaire Street in Ocean Beach when his father appeared out of nowhere.

“He shot him 14 times. He used one clip, replaced it with another and kept on firing,” said Nash. “It was incomprehensible.”

Hoffine hid in an apartment and then, after a standoff, killed himself.

“I really believe if Bill’s guns had been taken away from him, Evan would still be alive,” said Nash.

A loophole allowed Hoffine to wait 48 hours before turning in his guns after he received the restraining order.

In her anger and sadness, Nash advocated for what would become Senate Bill 585.

The bill became law on Jan. 1 and it states that a person served with a restraining order must turn in his or her guns within 24 hours.

“This will have a good impact on keeping victims and witnesses of domestic violence safer,” said Deputy District Attorney Enrique Camarena.

Camarena handles domestic violence cases in San Diego Family Court.

“We definitely want to reassure victims that the court and police officers, DA’s office are doing as much as we can to keep them safe,” said Camarena.

Gael Strack with the San Diego Family Justice Center, said, “Most of our victims die as a result of being shot. It’s hard to get the guns away from the batterers.”

Strack said taking guns away makes sense.

“We have good laws in place, but we don’t have enough manpower to go out and get the guns,” said Strack.

That could change, thanks to a new $400,000 grant.

“The grant will pay for a full-time probation officer to be here on-site, so when the victim gets her restraining order, we'll have a probation officer that can check the records,” said Camarena.

If you are ever in Point Loma, Evan’s tree house can be seen. It serves as a reminder to his mother and the community.

“It’s such a waste. I want everyone to have an opportunity to grow up, live his or her life, but Evan didn't have that chance. Maybe some other child will,” added Nash.

There are nearly 20,000 restraining orders in San Diego County, with 18,000 of them for domestic violence cases.

While guns need to be accounted for within 24 hours, a judge could order the guns to be immediately seized when the restraining order is served.

Click here for more information on the firearms law and restraining orders.

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