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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

One year after a white nationalist rally in Charlottesville, Virginia, left a counterprotester dead, the event's organizer is producing an encore.On Sunday, demonstrators are set to hold a "white civil rights rally" on the anniversary of last year's "Unite the Right" protest.Photos: 'Unite the Right' white supremacist protest and counterprotest in Washington, D.C.This time, supporters plan to gather in a much more high-profile setting: Lafayette Square park, directly across the street from the White House. 519

One day after suspended University of Maryland football coach DJ Durkin was reinstated, the school's outgoing president fired him.In the wake of the offseason death of offensive lineman Jordan McNair, Durkin was on administrative leave while the university waited on two reports, one into the medical treatment McNair received and the other into the culture of the football team.The second report, on the team culture, was released Tuesday by the school's board of regents and Durkin was given the OK to return to leading the team, which is 5-3.But university President Wallace D. Loh, who said Tuesday that he planned to retire next year after helping implement reforms that improve the well-being of athletes, announced Durkin's dismissal. 749

O’FALLON, Mo. (AP) - A suburban St. Louis election official who worked at a polling place on Election Day despite a positive test for the coronavirus has now died, raising concerns for the nearly 2,000 people who voted there.St. Charles County, Missouri, spokeswoman Mary Enger said in a news release Thursday that the person, whose cause of death is not yet known, was an election judge supervisor at the Blanchette Park Memorial Hall polling site in St. Charles.Enger says the county’s health department and election authority recently learned that the poll worker tested positive Oct. 30 for COVID-19 and was advised to quarantine for 14 days, but ignored the advice and worked Tuesday.“As this virus continues to spread, all aspects of the healthcare system are working together to remind the community that a positive COVID-19 test result requires that person to be responsible to others in the community,” says St. Charles County Director of Public Health Demetrius Cianci-Chapman in the news release. “There is no more important duty than protecting the health of our families, friends, and those who reside in the community with us.”Health officials said election workers at the site have been contacted and they are working with the election supervisor's family to "determine the worker’s whereabouts before the positive test results."Enger said they are advising some or all the other nine election workers at the polling place to test for the virus.Enger said "it is not anticipated that close contacts will include any of the 1,858 voters who were at the polling place Tuesday" since job duties for supervisors do not entail them to work close to voters, handle iPads, distribute pens, or taking voter identification.St. Charles County Director of Elections Kurt Bahr said masks or face shields were mandated for all election works at all times and the workers and voters were separated by Plexiglas barriers.Election workers practiced sanitation procedures throughout the day, Bahr added.If you were at the percent on Election Day, health officials said you should watch for symptoms and if you have any questions, you can contact the county’s COVID Hotline at 636-949-1899. 2195

ODESSA, Texas – An 8-year-old girl in Texas died after authorities say she was forced to jump on a hot trampoline as punishment for an extended period of time.Additionally, the Odessa Police Department says the child wasn’t allowed to eat breakfast or drink any water, because she wasn’t jumping.Odessa police say officers responded to the girl’s home on Aug. 29 in reference to a medical call. When police arrived, they located the child, who was later pronounced dead at the scene.A search warrant was later obtained, and the temperature of the trampoline read to be about 110 degrees and the ground was around 150 degrees.On Oct. 8, police say they received the final autopsy report for the little girl, which listed her manner of death as homicide and the cause of death as dehydration.Based on the facts and circumstances presented during the investigation, capital murder warrants were obtained for both Daniel Schwarz and Ashley Schwarz.A police spokesperson told the Odessa American that the Schwarzes were the non-biological parents of the 8-year-old.Jail records show the couple were booked into the Ector County Law Enforcement Center on Monday. Both are being charged with capital murder “capital felony.” 1225