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OCEANSIDE, Calif. (KGTV) — Oceanside Police Chief Frank McCoy wrote a letter to Oceanside residents saying he was concerned after watching a video of one of his officers tasing a man to the ground. The letter comes after the department released body camera footage, just two days after the incident. Chief McCoy has since asked the Professional Standards Unit to review the case.A man topples to the ground after being tased by an Oceanside police officer. On Tuesday afternoon, officers learned about a man armed with a knife, punching, stabbing, and attempting to carjack several people in the Mesa Margarita neighborhood. When officers arrived, they found the suspect, David Avila.In the video released on the department's twitter page, you can see two perspectives of the incident. One was from the body camera of the officer who deployed his taser. The other was a cell phone video, shot by a citizen.During a heated altercation, the video shows Avila with his hands up, kicking what looks to be a knife towards the officer in front of him. At the same time, the officer switches to his less-lethal option, the taser."Stay back. Stay back! Down on your knees!" the officer yelled.Avila then takes two steps toward the officer, stops, and is then shot by a taser.Two days after the incident, McCoy not only released the footage but said in a statement, "I have had the opportunity to review this video and it has raised concerns to me."Retired San Diego Police lethal force instructor, Ray Shay, says it could be that the officer tased the suspect who already had his hands up, from the front. Under the department's Policy and Procedures Manual, it states:"A TASER should be aimed at a suspect's upper torso and, when tactically possible, should be aimed at the suspect's back. This provides a larger target and avoids possible injury to a suspect's eyes. (Revised 07/01)"However, Shay believes this was justified."With the taser to the front, and then lethal option behind him, and the bean bag option to the left, in this challenging circumstance, the officers did the best they can do to safely take the suspect into custody," Shay said.Barry Pollard, formerly with the San Diego Citizens Advisory Board on Police Community Relations, says what bothered him was what happened as officers subdued Avila."You would think, in these days, nobody's knee would come close to the neck are," Pollard said. "It looked like a reaction is what it looked like, then he caught himself and moved his knee."However, Pollard says because the knee was not directly on the neck, he does not see this as a blatant violation.ABC 10News reached out to Oceanside Police to see exactly what parts of the video concerned the Chief. We did not get a response.The suspect was taken to the hospital but was cleared for booking. He is being held on one million dollars bail. 2862
OCEANSIDE, Calif. -- Crime Stoppers Monday said they are offering a reward for information on the suspect police say killed a 77-year-old man.According to a tweet from Oceanside Police, Crime Stoppers is offering up to a ,000 reward for information leading to the arrest in the alleged murder of John Roth.Police say Roth was discovered dead by his wife when she returned home from work. Roth’s 41-year-old wife told police she noticed the garage door was open when she got home.RELATED: Oceanside police investigate death of 77-year-old manPolice said Roth died after he “sustained trauma to his upper body.” Anyone with information on the case is asked to call 888-580-8477. 691
OCEANSIDE, Calif. (KGTV) — An Oceanside officer was taken to the hospital Tuesday after a man broke a patrol vehicle's windshield, sending glass into the officer's eyes.OPD said a man known to police as a transient got into a confrontation with an officer at College Ave. and North River Rd. at about 5 p.m. The man reportedly used an object to break the windshield of the officer's vehicle, injuring the officer's eyes with glass.The officer was taken to the hospital with minor injuries and will reportedly be okay, according to OPD.The San Diego Sheriff's Department, Carlsbad Police, and an ASTREA helicopter helped in the search for the suspect. SDSO said just before 7 p.m. that the suspect was in custody.According to City News Service, the suspect was armed with a machete. The suspect reportedly stabbed a police dog during his arrest. The dog was taken to a veterinarian, CNS reported. 903
OCEANSIDE, Calif. (KGTV) — Police say a Navy veteran who was sentenced last year to nearly a decade in prison for abusing his neighbors' dogs may be released early because of the pandemic.David C. Herbert was convicted in 2018 and sentenced last year to nine years and eight months in prison on six counts of animal cruelty, one count of burglary and four misdemeanor counts of vandalism for harming two separate families' dogs, one of which remains missing.Oceanside Police say Herbert was scheduled for parole in February 2021 but could be released earlier under criteria set by the state because of the coronavirus.RELATED: Oceanside man who tortured neighbor's dogs sentenced to 10 years"Neither the Oceanside Police Department, the San Diego County District Attorney’s Office nor the victims were consulted prior to this decision being made, and the Oceanside Police Department does not have any involvement and/or influence in such a decision," the department said in a release.In April, California adopted criteria after the pandemic hit to protect those who work and live at prisons by issuing expedited releases for thousand of prisoners serving sentences for non-violent offenses, who do not have to register as a sex offender, and who had 60 days or less to serve.Three months later, the state expanded the criteria for thousands of offenders who had 180-days or less to serve; and hundreds who had less than one year to serve who reside at facilities with large populations of medically high-risk patients. RELATED COVERAGE:Navy veteran accused of torturing dogs ordered to stand trialMan arrested for assaulting huskies, stealing Oceanside dogsA 12-week credit was also issued to offenders with no rules violations between March 1, 2020, and July 5, 2020, and not serving sentences for life in prison without the possibility of parole. The state's criteria can be found here.Herbet was convicted after prosecutors say he targeted a family living next door to him in Oceanside, burning their two huskies, Cocayo and Estrella, with caustic chemicals and repeatedly slashing the tires on the family's vehicles in 2017.The family moved out of their home after discovering that someone had broken in and gouged Estrella's eye out.RELATED COVERAGE:Search warrant served in Oceanside dog torture caseStalker targets and tortures Oceanside dogs, neighbors sayAbout one month later, after a new family with two dogs moved in, within two days their 9-year-old Golden Retriever Lala disappeared. The dog has never been found and is presumed dead.Police said they found a small amount of blood in Herbert's car and on a baseball bat he owned. Herbert, who represented himself at trial, said that Lala jumped in his car and jumped out and ran off as he was about to take her to a shelter. 2796
OPA-LOCKA, Fla. (AP) — After 13 years, a South Florida city has overturned a ban on "saggy pants" — bottoms that reveal the wearer's underwear. The Opa-Locka City Commission voted Wednesday on a 4-1 vote to repeal both the original 2007 legislation and a 2013 ordinance that said women, not just men, could receive civil citations for wearing pants that exposed their undergarments. Some commissioners said they felt the ordinance disproportionately affected young, African-American men. Around the city, which is northeast of Miami, signs still warn folks of the ordinance. They showing an image of two young men wearing pants below their waists and featuring the words: "No ifs, ands or butts ... It's the city law!" 726