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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

On a night when Arizona's Republican US Senate primary was expected to command most of the attention, a stunning upset victory in Florida's Democratic governor's race stole the show.Democrats chose the most progressive candidate -- and the only one who wasn't wealthy -- in Tallahassee Mayor Andrew Gillum. Florida's first African-American major-party nominee for governor, Gillum will face Republican Rep. Ron DeSantis, who has the backing of President Donald Trump.Their race will pit a Republican who is known for praising Trump on Fox News against a Democrat who says he wants single-payer health care and Trump impeached just as the 2020 presidential race gets underway. Florida is a major presidential battleground state.Arizona and Oklahoma also held primaries Tuesday. Here are five takeaways from the contests. 827

Nursing homes are facing a new mandate for COVID-19 testing.Officials at the Centers for Medicare and Medicaid Services (CMS) say if they're not doing it, they'll be fined 0 a day or over ,000 for each instance of noncompliance.The government says nursing homes need to do widespread testing of residents and staff if any resident shows symptoms or tests positive.Nursing homes will also be required to test staff more often, depending on the virus activity in the area.The Trump administration says it is giving facilities .5 billion to help with costs.Nursing homes continue to raise concerns about the cost of this testing and additional expenses like personal protective equipment and additional staffing due to the pandemic.The mandate also comes as their sources of revenue have changed along with the number of residents declining.With the added costs and revenue change, LeadingAge, the association of nonprofit providers of aging services, is hearing from some of its members that they may be forced to close. At least one nursing home in Rhode Island has had to do it already. Others are looking at the possibility of having to consolidate or alter the services provided.Nursing homes get paid through Medicaid, Medicare and private payments. According to a Kaiser Family Foundation analysis of Certification and Survey Provider Enhanced Reports data, nationwide 62 percent is paid through Medicaid, 26 percent is paid through private payments and 12 percent is paid through Medicare.Post-acute care through Medicare is a big revenue source for nursing homes. That means you're coming out of the hospital and need to rehab for a few weeks in a nursing home."With elective surgeries being closed down, there is no steady flow of residents who need that level of care. That's been cut off entirely," said Katie Smith Sloan, President and CEO of LeadingAge.Sloan says they need those elective surgeries to start up again everywhere to fill that gap in revenue lost as a result of the pandemic.The most recent survey from insurance company Genworth Financial finds the national median cost for a private room at a nursing home is more than 0,000 a year.Depending on your financial situation, you may start paying this and then have Medicaid start paying later.Leading Age says they haven't heard from their members that they'll be increasing prices because of the financial challenges they're facing."Nursing homes charge what the market will bear, and I don't think the market can bear much more than that," Sloan said. "I mean 0,000 a year is a lot of money for an individual living in a nursing home. It's a lot of money because it costs a lot to operate a nursing home."LeadingAge looked at nursing home closures right before the pandemic started. It found more than 500 closed since June 2015. Some of these closures were because of low occupancy. Others were because of not getting enough money from Medicaid.This story has been updated to include more information regarding costs facing nursing homes and how nursing home payments work. 3071

OCEAN BEACH (KGTV) - People in Ocean Beach have hatched a (not-so) secret plan to bring a popular mermaid statue back to town."We’re go-getters. We’re not going to give in. This is going to be a mission," says Claudia Jack, the self-proclaimed leader of Team Mermaid.For three weeks in May and June, a mermaid statue sat atop Ross Rock near Sunset Cliffs. Nicknamed 'Marina', the statue brought tourists and locals to the area to take pictures.For some, it was a nuisance, bringing more traffic and trash. Jack says that's one reason they don't plan to put the mermaid back on the rock."It's my goal to get her repaired and put her somewhere that she'll be appreciated," she says.The mermaid was secretly removed in June by a group calling themselves the Cliffs Crew. For a while, no one knew what had happened to it. Jack says she knows where Marina is located but won't reveal her location."I have not revealed any names or whatever," she says. "It's very hush-hush. But it will come out in the end. In a happy way."Jack has enlisted the help of a few friends and artists to repair some minor damage to Marina. She's also trying to get the entire community involved. Earlier this month, she sent out 300 postcards with a picture of the mermaid on the front. The back simply read "Save the OB Mermaid" and had an email address.She says the response has been overwhelming."What little girl doesn't want to be a mermaid?" she asks.Jack plans to unveil Marina as a statue at the Ocean Beach Holiday Parade in December. After that, she plans to let local businesses bid for the rights to host the statue for a few months at a time. She says the money raised would be used for upkeep.Jack says she already has two local businesses who have expressed interest. After that, she wants to commission a bronze replica that can be a permanent statue near the Ocean Beach Pier.The hope is that Marina can become a local icon like the Cardiff Kook or the Lemon Grove Lemon."She's alive," says Jack. "She's just taking a little rest right now. But we'll get it done." 2087

One person has died and 16 others have become ill from a salmonella outbreak linked to kosher chicken, the US Centers for Disease Control and Prevention said Wednesday.Eight people have been hospitalized, including the person who died.Illnesses were reported in Maryland, New York, Pennsylvania and Virginia. The death was reported in New York.According to the CDC, the agency began an outbreak investigation in June after several cases were reported in New York among people who said they had consumed kosher chicken."In interviews, ill people reported eating kosher chicken, and when asked about the specific brand eaten, several people reported Empire Kosher brand. The outbreak strain was also identified in samples of raw chicken collected from two facilities, including one facility that processes Empire Kosher brand chicken," the CDC said in its announcement.However, the agency is not telling consumers to avoid eating kosher chicken or Empire brand chicken. Rather, they should follow safe food preparation practices including washing hands before and after touching raw chicken and washing utensils, cutting boards and counters where raw chicken was prepared.Consumers should also cook chicken thoroughly, making sure the inside temperature reaches 165 degrees Fahrenheit. This is the temperature recommended to kill germs that cause illness such as salmonella.Salmonella illness usually begins between 12 and 72 hours after consuming the bacteria. Symptoms can include diarrhea, fever and stomach cramps and can last four to seven days.The earliest illness linked to this outbreak began September 25, and the most recent case began June 4.Severe illness may require hospitalization and treatment with antibiotics. Those most at risk for severe illness and complications are children younger than 5 and adults over 65, as well as people with compromised immune systems.The youngest patient in this outbreak is younger than 1 year old, and the oldest is 76.The US Department of Agriculture's Food Safety and Inspection Service issued a public health alert "out of an abundance of caution," the agency said."FSIS is concerned that some product may be frozen and in consumers' freezers. Consumers who have purchased these products are urged to properly handle, prepare, and cook these raw chicken products."The CDC and the USDA are working with state health officials on the investigation.Kosher food is prepared under supervision to ensure that the dietary laws followed by observant Jews are adhered to. This includes how kosher animals are slaughtered and processed. 2585

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