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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) — Neighbors in North County call this "Taking Back Oceanside.""We need to cite, we need to ticket, arrest when possible," said Andrew Andrioff. It's a response to a growing homeless population that's leaving neighbors frightened and frustrated. The San Luis Rey riverbed is covered with needles, tents, trash and shopping carts. Andrioff is behind the movement to change that. He was among dozens of people who addressed city council Wednesday night. RELATED: Oceanside group aims to clean up trash, violence in San Luis Rey riverbedHe says the social services offered in Oceanside may be making the situation worse. "Our concern is that we’re attracting habitual vagrants to Oceanside through these services," said Andrioff. "we don’t want to enable these people to continue to their criminal and drug-addicted lives."Councilwoman Esther Sanchez says the city has three homeless outreach teams but they need more help. "This really is a regional problem, whatever one city does everyone is going to want to go there so we all have to go at the same time," said Sanchez. The problem has only gotten worse since the city is forced to take in more people than it can handle. "Are we going to really be responsible for Orange County cities that are cleaning out the river and giving them one-way tickets to Oceanside?" said Sanchez. "I really think what we should be pushing is a blue ribbon committee, the county, the 18 cities, as well as the state."Recommendations made to the council tonight included declaring an Emergency Shelter Crisis and increasing police enforcement. The Taking Back Oceanside group is set to meet with the chief of police on October 24.  1750

Nurses at an assisted living facility in Glendale, Arizona are facing backlash for filming and making fun of elderly patients. The video ended up posted to the social media site 'Snapchat'. The incident occurred at the Glencroft Senior Living facility.  An administrator from Glencroft told Phoenix-based KNXV that the facility cannot discuss personnel issues, but did learn about the video Monday morning and is taking the situation seriously. The video shows an elderly woman using a walker as she advances toward the camera. She is obviously agitated, telling the workers she "almost fell" and is seen asking for her pills. Instead of helping the woman, the nurses continue filming as they watch the woman and mock her.The video came to light after a whistleblower saw it on social media and alerted KNXV, as well as Glencroft, and the Arizona state agency that licenses nurses.She is also a nurse and said she knows the woman who made the video from nursing school. "It just disgusted me that you would treat someone like this," said the whistleblower, who asked to remain anonymous. "This lady obviously has some dementia or something going on."The whistleblower also said she is worried about violations of the patient's rights under the Health Insurance Portability and Accountability Act.  KNXV has reached out to the Arizona State Board of Nursing but has yet to receive an answer on this topic.  1468

One student was killed in a shooting at Freeman High School near Spokane, Washington, Fire Chief Brian Schaeffer said at a news conference.Three other juveniles are in stable condition at a hospital.The suspect was detained, the Spokane County Sheriff's Office tweeted. 277

OAKLAND, Calif. (AP) — A 6-year-old girl was struck in the head by what police say was a celebratory gunfire bullet during New Year's Eve parties in Northern California.The East Bay Times reports the child, who has not been identified, is in stable condition at a hospital Tuesday.Police say the girl was shot sometime before 2 a.m. during a family party in her East Oakland backyard.Investigators say the bullet was apparently fired into the air from another location nearby. Detectives are trying to track down the shooter.The newspaper says a family member drove the girl to a hospital. 597