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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

On Wednesday morning, a viral post on Twitter claimed that there were more ballots cast in Wisconsin than registered voters. As the Wisconsin Elections Commission helped explain, that claim is not supported by data.The tweet, which has since been removed, claimed that there were only 3,129,000 registered voters in Wisconsin. However, that number represents the registered voters in the state from the 2018 midterms.After the tweet went viral, the Wisconsin Election Commission tweeted an explanation. The election commission said the State of Wisconsin had 3,684,726 active registered voters as of Nov. 1. That is higher than the number of ballots counted so far, which is 3,240,275.The WEC also pointed out that Wisconsin allows for same-day voter registration, which could further increase the number of total voters.The tweet with the misleading claim has since been removed from Twitter, as the social media platform says it "is disputed and might be misleading about an election or other civic process." 1018

OCEANSIDE, Calif. (CNS) - Oceanside's police chief has called for an internal investigation into an arrest in which one officer used a stun gun to subdue a carjacking suspect, causing him to fall backward onto his head, before two other officers forcefully twisted him to lie facedown.Video of the Tuesday incident was captured on a witness' cellphone and shared on social media, according to Oceanside Police Department Chief Frank McCoy.Police officials Wednesday released an officer's body-worn camera footage of the arrest along with the cellphone video, plus an open letter by McCoy providing more details.Dispatchers received reports around 4 p.m. Tuesday that the man attempted to carjack several people at multiple locations in Oceanside's Mesa Margarita neighborhood while armed with a knife, McCoy wrote in the letter. One victim told police the man had punched him several times and slashed his hand with the knife. **DISCLAIMER - THE VIDEO BELOW CONTAINS CONTENT THAT MAY BE UNSUITABLE FOR YOUNG AUDIENCES. VIEWER DISCRETION IS ADVISED**Please follow the link below to read a message from Chief McCoy concerning the incident in the video.https://t.co/JaOD7MHnJN pic.twitter.com/lTRNaEfs8B— Oceanside Police (@OceansidePD) July 16, 2020 Another victim reported being chased by the suspect, then the victim abandoned his vehicle and fled into his home before he saw the suspect steal his vehicle, McCoy said. That victim went back outside a short time later and saw the suspect fighting with another person down the street.The man was still armed with the knife when officers approached him Tuesday afternoon at an undisclosed location in the Mesa Margarita neighborhood, McCoy said.The officers on scene were armed with two types of less-lethal weapons as they approached, according to McCoy.In the videos released by OPD, the man appears to have dropped the knife to the ground and has both hands on his head as one officer approaches from the front and two approach from behind. The man appears to kick something on the ground -- possibly the knife he had dropped -- and then takes a few steps toward it while shouting at the officers.As this was happening, the officer in front of him can be seen taking several steps toward the man before using his stun gun. The man goes stiff and groans as he falls backward, hitting his head on the ground.The two officers behind him then rush in and grab him before forcefully turning him over onto his stomach. In the videos, it appears the man's face hits the ground as officers turn him, and he groans again.Paramedics treated the man at the scene before taking him to Tri-City Medical Center for treatment of undisclosed injuries, McCoy said.The man, identified as 32-year-old David Hernandez Avila, was booked into the Vista Detention Facility around 9:30 p.m. Tuesday on suspicion of felony carjacking, attempted carjacking and assault with a deadly weapon, among other charges, according to jail records. He was being held in lieu of million bail pending his arraignment, scheduled for July 31."I have had the opportunity to view this video and it has raised concerns with me," McCoy wrote in his letter. "I have asked our Professional Standards Unit to conduct a thorough investigation into this matter." 3276

OMAHA, Neb.  - The DEA is warning police and parents to be on the lookout for marijuana and methamphetamine laced candy this Halloween.The DEA and police agencies throughout the country have seen an increase of seizures of drug-laced edibles, including but not limited to chocolates, suckers and gummies. The DEA's Omaha Division has not identified any specific threats but issued an advisory.The items are often professionally packaged and can easily be mistaken for regular candy or baked goods. Last year the DEA found marijuana-laced candies sold in packages labeled; Munchy Way, 3 Rastateers, Twixed, Keef Kat and Rasta Reese's; had been collected during Halloween.Signs of marijuana or meth-laced candy include unusual wrapping, appearance, unusual colors, odd smell, misspelled candy labels, or candy or food that is unwrapped or unmarked.Parents and caregivers should seek immediate medical attention if a child ingests drug-laced candy and then contact local police. 988

ORLANDO, Fla. — A portion of the Florida Turnpike closed on Tuesday afternoon as semi-trucks line underneath the overpass in an effort to save a suicidal man. The Florida Highway Patrol shared an image at 1:40 p.m. local time on Tuesday of at least seven semi-trucks lined up underneath the overpass as a man hung over the side of a fence. The image also shows a group of officers talking to the man. According to FHP, the Florida Turnpike was closed in both directions near Kirkman Road in Orlando. After more than an hour, FHP says that the distressed male came off the bridge, on his own.All lanes of the Florida Turnpike reopened just before 3 p.m.If you or someone you know is struggling with depression, call the National Suicide Prevention Lifeline at 800-273-8255 to speak with someone who will provide free and confidential support 24 hours a day, seven days a week.  929