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OCEANSIDE (KGTV) -- A North County mother said Oceanside Police used excessive force on her son in a civil lawsuit that has been ongoing for nearly two years.Josette Pyper said her son, Timothy, has been battling mental health issues and addiction. She believes his injuries by police should not have happened.“It was horrible,” Pyper said, sharing her story publicly for the first time. “I couldn’t even watch the whole video. It’s hard. Very very hard.”Pyper is referring to the incident that happened on Nov. 22, 2018.According to the lawsuit filed against Oceanside police and the City of Oceanside, a report of tire slashing was called in by Timothy’s father. His father had a restraining order against him, yet often invited him to visit, according to court documents.The lawsuit states his father called police and also mentioned “that there were potentially two guns in the home.”Police came to investigate the possible restraining order violation and vandalism. Court documents said that police began making public announcements for him to come out of the home, but he did not.Several officers and police K-9 entered the home. They found him in a locked bedroom, which the lawsuit stated was Timothy’s room. An officer picked the lock and opened the door, ordering him to come out with his hands up.“Tim complied with the officers’ command and began walking towards the door. As he did so, the officers changed their command and told him to ‘crawl out,’” the lawsuit said. The family’s lawyers aid the command was confusing, as Timothy began to slowly walk towards the officers to surrender.Police body camera video shows Timothy slowly start to exit his bedroom with one armed raised and the other near his ribcage. “He was wearing only boxers and clearly did not possess any weapons. It looked as though he had been sleeping,” the lawsuit stated.With a shield, an officer pushed Timothy back into his bedroom. Video showed him on the ground after being shoved back into the room with his hands up and feet on the floor. The family’s lawyer said reports from officers that Timothy tried to “violently” strike police were false.The body camera video showed police pulling Timothy up to arrest him, then getting bit by the police K-9.“He’s in full surrender mode and it’s captured on video and they yank him up, they pull him up by his arm,” said the family’s attorney Christina Denning. “He trips over some clothes and then it’s just a brutal multi-tactical attack on him at every different angle as he’s screaming… for his life.”According to the lawsuit, one officer admitted to punching Timothy “with a closed fist in [his] right ribcage… and then applied a choke hold during the arrest.” Another officer admitted “he shot Tim with a .40 mm sponge impact munition,” or rubber bullet.“It’s not right… there was a point in that video where he actually was asking [for his] dad,” Pyper said. “They were still on top of him. Is that a threat?”Josette’s son has a criminal history. His most recent cases included public intoxication and possession of drug paraphernalia. She said Timothy is schizophrenic, dealing with addiction. She does not believe the officers were equipped to handle someone who has mental health issues.Oceanside City Attorney John Mullen defended officers. In a statement to Team 10, he said officers waited more than an hour before entering the bedroom and at least 44 orders were made demanding he exit the room. “As plaintiff approached the officers with one hand obscured, the officers deployed less than lethal tactics, including the use of a canine. The officers were concerned [Timothy] was trying to access a weapon,” Mullen wrote to Team 10.He said the restraining order was issued due to elder abuse against the father and that Timothy “violated this order and barricaded himself in the father’s house.”“OPD was called to this same address one month earlier for a similar violation of the restraining order and plaintiff was combative and injured two officers during that arrest,” Mullen said.Team 10 asked if officers knew of Timothy's mental health history and asked if the Psychiatric Emergency Response Team was called to the home. Mullen said “the City has no information concerning his mental state at the time of the incident or now.”Mullen said he does not believe PERT was called to the home "because this was an active crime scene with unsecured guns in the house."The family’s lawyers disputed that, saying officers were aware of his mental health from meetings they’ve had with opposing counsel.Pyper wants to her get her son help and firmly believes the incident with Oceanside Police could have been handled differently.“They need to be accountable for what happened," she said.A trial date is scheduled for late 2021. 4779

OCEANSIDE, Calif. (KGTV) -- A woman was arrested in Oceanside after trying to smuggle methamphetamine with her 7-year-old in the car. Border Patrol agents pulled the woman over near the Oceanside Harbor Interstate 5 exit just after 4 p.m. Tuesday. After becoming suspicious of the driver’s behavior, agents found more than 48 pounds of the drug inside a duffle bag in the trunk. RELATED: Woman tries to smuggle drugs into the U.S. with five kids in van, CBP saysThe drugs, according to Border Patrol, have an estimated street value of more than ,000. The 26-year-old driver, a Mexican national with a valid tourist visa, was arrested for felony drug trafficking. The minor child was placed in the care of local child protective services. RELATED: Border Patrol finds drugs hidden in child's car seatSince Oct. 1, 2019, the agency says it has seized more than 750 pounds of methamphetamine worth more than ,427,000. 928

OCEANSIDE, Calif. (KGTV) - The Rugby team at MiraCosta College has qualified for the National Championships in Pittsburgh.The Spartans Rugby program is in its first full competitive season, and due to the lack of Junior College teams in Southern California, they play a schedule that consists of NCAA 4-year schools.The MiraCosta Rugby team is made up of around 40 players, many of whom have backgrounds in football and wrestling.The team doesn't lack for experience, as a few players have been playing for over 10 years, like Ian Crilly, who says he's pleased with the team's progression."I've been playing for about 12 years now, so it was a little rough with these first year players. Trying to get them up to speed but we got there," said Crilly.The Spartans begin play in the National Championships on April 21, and win or lose, they feel all there success this season has put the school on the map for athletics. They hope their success will get more kids, both men and women, to come out for the sport.  1028

OCEANSIDE, Calif. (KGTV) — 79 years after the surprise attack at Pearl Harbor that brought the United States into World War Two, there are few survivors remaining. However, the memories of that day are crystal clear for 101-year-old Oceanside resident George Coburn.“One of the things I’ll always remember is the time I spent swimming after the Oklahoma turned over," Coburn said during an interview with ABC 10News. "I thought about a lot of things when I was in the water there.”Coburn was aboard the battleship USS Oklahoma on December 7th, 1941. He was working to prepare for a major inspection that was scheduled for the following day. Rumors began circulating belowdecks that the base was under attack. The rumor was confirmed just a few minutes later. "“I still remember the announcement. It was was rather unique. 'Real planes. Real bombs. No [expletive]'The Oklahoma took several hits from Japanese torpedoes. As the battleship began to sink, hundreds of sailors were trapped, including Coburn. He managed to wedge himself out through a porthole. "If I had been a little bit bigger, it would have been a hell of a tough job.”Coburn plummeted several feet into the water below. He found himself surrounded by burning shrapnel. However, he says the most terrifying danger was the continuous fire from Japanese fighters. “I could see the little geysers of machine gun bullets hitting the water.”After a few minutes in the water, Coburn managed to find the rope tying the Oklahoma to the neighboring USS Maryland. He climbed the rope aboard the Maryland and survived the remainder of the attack.Coburn went on to serve in many of the biggest naval actions of the war. He was awarded the Purple Heart after being struck by several pieces of shrapnel during the Battle of Okinawa. Do to a Navy paperwork error, Coburn was never given eight other medals from his service. He finally received the medals in 2019, after a campaign by a Palomar College historian and the intervention of Congressman Mike Levin. Coburn said it did not bother him that it took so long. “I knew what I’d done and where I’d been. The medals didn’t change that a particle.” 2158

One of the most anticipated Black Friday ads of the year is finally out.Walmart has unveiled the deals shoppers can snag in its sale, which starts at 6 p.m. on Thanksgiving Day. Unlike Target, Best Buy and Kohl's, where lines form outside the store in advance of the opening, Walmart has taken to scattering its lines inside. That prevents a mob from rushing the doors (we all remember those "Dawn of the Dead"-style videos from past years) and allows shoppers to line up at specific stations inside the store depending on what they are hoping to buy. It also provides a climate-controlled environment for shoppers.The best Walmart deals4KTVs are the hottest Black Friday item for the second year in a row, and Walmart's top doorbusters include a 65-inch Sharp 4KTV for just 8, one of the best prices you will find anywhere for that size.Other big Thursday evening markdowns include Fitbits, smart home devices, iPhones, Beats earbuds and gaming systems, especially the new Nintendo Switch.  Among the hottest deals: 1092