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OCEANSIDE, Calif. (KGTV) — Defense attorneys for 15 Marines accused of human smuggling said they hope the judge dismisses the case.The attorneys argued that the Commander illegally used his power to discipline the Marines publicly, and therefore influenced the outcome of the case.It was a very public display of discipline.Fifteen Camp Pendleton Marines were cuffed and taken away by NCIS agents in front of an 800-person battalion formation in July. They were accused of human smuggling and conspiracy.But now, attorneys representing a few of the accused Marines said the public arrests violated their rights. Now, they are filing what's called an "undue command influence" motion against the Battalion Commander who led the formation."Anytime you have a Commander who is in a position of leadership who potentially affects a subordinate's rights to a fair trial, that can be viewed as potential 'undue command influence,'" military attorney Gary Barthel explained. "This motion for 'undue command influence' was made against the Battalion Commander for making comments and parading the 15 individuals out for what was supposed to be a recognition, and they were ultimately arrested." Barthel is a former legal advisor to Camp Pendleton's Commanding General. He said a Commanding Officer's job is to maintain good order and discipline their command. But in military law, they also wear the prosecutor and jury selector hats."Those two hats can clash," Barthel said. "That's why it's important for Commanding Officers to be careful what they say with regard to their views of the military justice system, or their views of a particular individual who has been accused of an offense."The defense team said the Commander used his power to influence the outcome of the case unfairly. But Barthel said in his experience with 'undue command influence' cases, he believes the military has likely already taken the Commander in question off the case."You can take the individual that allegedly made the statements involved out of the process, and that keeps the process fair and impartial," Barthel said. "I'm not sure that this is going to be a successful motion for 'undue command influence.'"The Marine Corps responded to a 10News inquiry regarding a video of the public arrests. They said: 2295
ORLANDO, Fla. — A dragon float from the movie Maleficent caught fire at Disney World's Magic Kingdom Friday afternoon.Witnesses on scene said it happened during the Disney Festival of Fantasy Parade, and large plumes of black smoke and flames could be seen coming from the dragon's head, WFTV reports. 315

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) -- The coronavirus outbreak has forced health officials to ban large gatherings, including farmers markets. Because of that, some local farmers are not able to sell their produce. But some farmers are determined to make sure their customers continue to get fresh produce, even if it's not readily available.Having fresh produce lately seems like a luxury. With panicked consumers in apocalypse mode, grocery shelves are looking dismal. Some won't even leave their homes. With farmers markets now shut down, local small farmers don't have a place to sell. RELATED: Grocery stores with hours for seniors amid coronavirus pandemic"What am I going to do with all of this fruit?" farmer Donal Yasukochi asked. Since 1929, Oceanside's Yasukochi Family Farms has survived many droughts, recessions, and even WWII Japanese Internment. Now, third-generation owner Yasukochi is determined to get through the coronavirus outbreak. "It is real. It's very difficult," Yasukochi said. RELATED: Feeding San Diego adding more pickup locationsEnter CSA: Community Supported Agriculture Boxes. These boxes include an assortment of fruits and vegetables from many local farms. Most of the items in the box were picked and packed the morning of delivery."I don't think you can get any fresher produce than this," Yasukochi said proudly.Before the coronavirus, Yasukochi farms went from delivering about 250 CSA boxes a week, only to North County customers. Since they started accepting orders to the entire San Diego County last weekend, they now have to cap the number of requests to 500 per day. RELATED: Districts providing free meals amid COVID-19 closures"It's been crazy," Yasukochi said. "Our phone doesn't stop ringing off the hook, and we're pushing orders into next week."All 15 of their employees are now delivering feverishly across the county, rain or shine. Yasukochi Family Farms is proving that sometimes, you have to think "inside the box" to make it through tough times. For more information on CSA boxes, click HERE. They offer two CSA Box sizes: regular () and jumbo (), and delivery to anywhere in San Diego County is an additional flat fee. 2185
Omarosa Manigault Newman has released a new audio recording in which she and Lara Trump, the wife of President Donald Trump's son Eric, are discussing a job offer with Trump's re-election campaign that the former White House aide alleged was a hush agreement.Manigault Newman writes in her book, "Unhinged: An Insider's Account of the Trump White House," that she turned down an offer from President Trump's daughter-in-law to sign a nondisclosure agreement in exchange for a job on the President's re-election campaign paying ,000 per month. Manigault Newman said she was offered the deal after she was ousted from the White House last December. 662
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