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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

ORLANDO, Fla. — A federal judge is instructing the Census Bureau to text every 2020 census worker by Friday, letting them know the count of every U.S. resident is continuing through the end of the month and not ending next week, as the agency previously had announced in violation of her injunction.The new order issued late Thursday by U.S. District Lucy Koh in San Jose, California, instructs the Census Bureau to send out a mass text saying an Oct. 5 target data for finishing the nation’s head count is not in effect. She says the text should also say people can still answer the questionnaire through Oct. 31.A district court judge has ruled that the 2020 U.S. Census must continue through Oct. 31, despite an announcement earlier this week that the Census Bureau intended to conclude data collection by Monday. 824

OCEANSIDE, Calif. (KGTV) - Police are searching for a person of interest in a home invasion robbery this week in the North County.Oceanside Police said a home invasion robbery was reported in the city's Capistrano neighborhood on Wednesday at about 5 p.m. A woman in her 60s was resting inside her home when a man walked in and assaulted her.The home's front entry was reportedly unlocked at the time before the attack.MAP: Track crime in your neighborhoodPolice are now looking for a man, seen on a nearby home's doorbell camera wearing a "Rams" beanie and a dark jacket.The man was identified as a person of interest and not a suspect.Anyone with information is asked to call Oceanside Police at 760-435-4537. 734

OCEANSIDE, Calif., (KGTV) -- Oceanside City Council decided Wednesday night to postpone a vote regarding a controversial development plan in East Oceanside. The developer hoped to postpone the vote in order to make adjustments to the plan. Residents opposed to the plan hoped Council members cast a 'no' vote to put an end to the plan.The North River Farms Development sits on 177 acres in an area Southwest of Bonsall, known as South Morro Hills. "We're really excited to bring an 'Agrihood' to the City of Oceanside," Ninia Hammond, Project Manager of Integral Communities, said. Her company began crafting this plan five years ago. Their goal is to create a place that will feature a trifecta of community, housing, and farming on traditionally agricultural land.The Oceanside Chamber of Commerce expressed their support of the project in February. They argued that it would bring in millions of dollars, and help the city meets its 2021 Regional Housing Needs Assessment goal.10News met with Jane Marshall, a resident vehemently opposed to the plan."We would rather have a better quality of life, where a developer is willing to work with us in all our infill projects," Marshall said. "We have plenty of room to build instead of taking prime farmland from Oceanside."But the developer said this is the only location for a plan of this kind. "The maker spaces, the creative hub, the exposure to the view of the river," Hammond said. "All of that makes the nature of it, really specific to the location."Marshall disagreed. She said the development would decimate small farms, increase traffic and pollution, and create flooding and fire issues. She said the plan does not include a clear emergency evacuation plan, putting residents at risk. Because of these very issues, Oceanside's Planning Commission turned down the plan for the second time two weeks ago. But Hammond said they are optimistic the city council will postpone the vote and reconsider the issue another time, after they make revisions. "Our goal is to make this the safest and best-planned community we possibly can. Through enhancement like offers, irrigation, setbacks, high fuel mod zones," Hammond said. 2187

One of the jurors from Paul Manafort's trial said on Wednesday that although she "did not want Paul Manafort to be guilty," the evidence was "overwhelming.""I thought that the public, America, needed to know how close this was, and that the evidence was overwhelming," Paula Duncan said in an interview on Fox News. "I did not want Paul Manafort to be guilty, but he was, and no one's above the law. So it was our obligation to look through all the evidence."Duncan, who is the first juror to speak publicly, offered a look behind the scenes of the deliberations, noting that "crazily enough, there were even tears," and detailed some of the jury's conversations with the lone juror who she said was the reason Manafort was not found guilty on all counts."We all tried to convince her to look at the paper trail. We laid it out in front of her again and again and she still said that she had a reasonable doubt. And that's the way the jury worked. We didn't want it to be hung, so we tried for an extended period of time to convince her, but in the end she held out and that's why we have 10 counts that did not get a verdict," Duncan said on "Fox News at Night." 1171