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OCEANSIDE (CNS) - An attempted murder of a peace officer conviction was overturned Friday for a man accused of intentionally running down a motorcycle officer during a routine traffic stop in Oceanside, after an appellate court ruled that his attorney ignored the defendant's argument that he was innocent of the crime.Roberto Ignacio Flores was sentenced to 29 years to life in prison for allegedly running his car into Oceanside Police Officer Brad Hunter on June 19, 2017, leaving the officer hospitalized with life-threatening injuries that kept him out of the field for just over six months.While Flores contended that he was not the driver of the Dodge Neon that struck Hunter, Flores' attorney, John Wilshke, argued at trial that Flores was the driver, but did not have the intent to kill required for an attempted murder conviction.RELATED: Oceanside officer targeted in hit-and-run is back homeFlores also disagreed with his lawyer's concession on weapons possession charges related to a collection of guns found at his home.A three justice panel ruled Friday that Flores' sixth amendment rights were violated, as he was not allowed to present the defense of his choice.The Hunters released this statement to 10News:"Obviously we are very disappointed in the decision by the 4th DCA but confident that a retrial will result in another conviction - Attempted Murder of a Peace Officer - and the appropriate sentence. It's a shame our justice system indulges games such as the ones he is playing - subjecting the victims of horrific crimes like this one to further emotional distress and further wasting the tax payers money but we are confident that justice will ultimately prevail."In a statement, The Oceanside Police Department said: "Regardless of the court’s decision, it is our continued hope that Flores is brought to justice for the willful assault on Officer Hunter."Trial prosecutor Keith Watanabe, who said he is preparing for a retrial, described the defendant as "very dangerous and evil" and said Flores "bragged about striking the officer and putting him in a wheelchair." "We are disappointed by the ruling. When Flores was sentenced to 29 years to life in prison, we believed justice was served and that we would never have to see him again. Unfortunately, we face the daunting task of having to take him to trial all over again.," Watanabe told 10News. "He proved himself to be erratic and dangerous and we will do everything in our power to protect police officers and the community. He will be re-tried. ""I spoke to Officer Brad Hunter’s family. They are discouraged and frustrated by the injustice of having to see Flores in court all over again. Though justice was delayed, they intend to persist until they finally see Flores sent away for good," he added.RELATED: Suspect arrested for attempted murder of Oceanside motorcycle officerAccording to facts laid out in the appellate panel's ruling, Flores was angry at law enforcement following his March 2017 arrest on the gun possession charges. While in jail, he called his girlfriend and told her to claim she owned the guns, since she didn't have a prior felony conviction, the ruling states.He also said the officers "harassed and mocked him" and swore "that when he was released he would go after the people who were responsible," according to the ruling.On June 19, Hunter, a 29-year veteran of the department, was struck while pulling over a driver for an expired registration near Oceanside Boulevard and Foussat Road.RELATED: Injured Oceanside officer hit by driver now awake, 'in good spirits'Flores, who was not involved in the traffic stop, allegedly accelerated and veered directly into Hunter, scooping him up and flipping him over the defendant's car. Hunter suffered head injuries and his leg was broken in three places. The officer had to be placed in a coma until swelling on the brain subsided. Hunter testified he has no memory of the crash.Flores sped away but was captured a few minutes later, Watanabe said.Once in a jail cell, Flores told a sheriff's detective posing as an inmate and a confidential informant that he intended to hit Hunter and wasn't sorry about it, according to the prosecutor."He (Flores) said, `I got one. I got one,"' Watanabe said, referring to the defendant hitting a police officer.RELATED: Driver accused of hitting an Oceanside motorcycle cop will stand trialThe appellate court based its ruling on McCoy v Louisiana, a case recently ruled on by the U.S. Supreme Court. In that case, Robert McCoy was accused of murdering three of his wife's family members. While McCoy sought to maintain his innocence at trial, his attorney pursued a defense that involved admitting to the killings. In a bid to avoid the death penalty, McCoy's attorney argued that the defendant suffered from severe mental issues, and pursued a second-degree murder conviction instead.Jurors recommended death sentences, but McCoy's convictions were overturned and a new trial was ordered. 4999

OCEANSIDE, Calif. (KGTV) - Oceanside could be getting a new active sports complex, complete with a man-made wave pool, perfect for surfing competitions, according to Mayor Peter Weiss. The idea is in it's beginning stages, no formal paperwork has been submitted to the city clerk. 10News spoke with her Wednesday and she said the developer, Zephyer Partners, has been talking with council members.Neighbors have already been hearing construction equipment hacking away at the remains of the drive-in that operated before the swap meet took over."When I was driving by and I saw you standing here I thought I need to find out because she probably knows more than I do," Neighbor Liz Lewellen said.She said the neighborhood has been wondering what could happen to the lot. Mayor Weiss told 10News the developer gave him this pitch, "n active sports complex, there would be a BMX track, a climbing wall, things like that, it would also have a hotel and then sports oriented retail." He also described a wave pool that mimics the Kelly Slater Surf Ranch in Fresno. The facility is state-of-the-art and perfect for competitions.The idea sparking interest in the community. Lewellen was shocked and excited when she heard."I love the idea that it's commercial coming in because this area desperately needs more restaurants more things," Lewellen said. "So that's really exciting, I know that we have the skate park up the street and that's been a god send for the kids and the active people in the neighborhood."Thursday Zephyr Partners will host a community workshop at Saint Mary Star of the Sea School from 6-8 p.m."It's something unique, I think I'd like to actually see the plans what they're proposing," Weiss said.When asked if Lewellen would try out the wave pool, "I've always wanted to learn how to surf," she said laughing, "so maybe, we'll see, if it's the perfect wave, maybe someone can train me how to perfectly get up on the board."Lewellen had one concern though, wondering how traffic would affect her drive to and from home.Zephyr Partners did not respond to 10News's request for comment. On their website is this FAQ:PROPERTY DESCRIPTIONQ: What is being done on the site today?A: The swap meet is being demolished and the site is being graded pursuant to the approved Pavilion Project.Q: What is the approved Pavilion Project?A: The Pavilion Project was approved in 2008 for approximately 950,000 square feet of commercial uses such as various retail shops and restaurants.Q: How long will the grading activities last?A: The grading will take about 12 months to complete.Q: Are you going to build the Pavilion Project?A: It is possible that we move forward with the Pavilion Project, however we are considering alternatives that would improve the development.Q: How can I learn more about the project and any potential revisions?A: Please email us at info@zephyrpartners.com to be added to our distribution list. 2937

OCEANSIDE, Calif. (KGTV) — 79 years after the surprise attack at Pearl Harbor that brought the United States into World War Two, there are few survivors remaining. However, the memories of that day are crystal clear for 101-year-old Oceanside resident George Coburn.“One of the things I’ll always remember is the time I spent swimming after the Oklahoma turned over," Coburn said during an interview with ABC 10News. "I thought about a lot of things when I was in the water there.”Coburn was aboard the battleship USS Oklahoma on December 7th, 1941. He was working to prepare for a major inspection that was scheduled for the following day. Rumors began circulating belowdecks that the base was under attack. The rumor was confirmed just a few minutes later. "“I still remember the announcement. It was was rather unique. 'Real planes. Real bombs. No [expletive]'The Oklahoma took several hits from Japanese torpedoes. As the battleship began to sink, hundreds of sailors were trapped, including Coburn. He managed to wedge himself out through a porthole. "If I had been a little bit bigger, it would have been a hell of a tough job.”Coburn plummeted several feet into the water below. He found himself surrounded by burning shrapnel. However, he says the most terrifying danger was the continuous fire from Japanese fighters. “I could see the little geysers of machine gun bullets hitting the water.”After a few minutes in the water, Coburn managed to find the rope tying the Oklahoma to the neighboring USS Maryland. He climbed the rope aboard the Maryland and survived the remainder of the attack.Coburn went on to serve in many of the biggest naval actions of the war. He was awarded the Purple Heart after being struck by several pieces of shrapnel during the Battle of Okinawa. Do to a Navy paperwork error, Coburn was never given eight other medals from his service. He finally received the medals in 2019, after a campaign by a Palomar College historian and the intervention of Congressman Mike Levin. Coburn said it did not bother him that it took so long. “I knew what I’d done and where I’d been. The medals didn’t change that a particle.” 2158

OMAHA, Neb. (KMTV) — The Omaha Police Department (OPD) says a preliminary investigation into President Donald Trump's MAGA rally Tuesday at Eppley Airport shows seven people were transported to local hospitals for "a variety of medical conditions" and many more sought aid for other medical reasons.About 25,000 people were taken from the parking lots to the rally site via 40 buses over the course of the day. The buses started running at 10 a.m. CT. When the rally ended and President Donald Trump left, there was high demand for buses around 9 p.m. It was already 34 degrees outside at that time. Reports from the rally indicate thousands of attendees were stranded in the cold, waiting for buses to take them back to their cars. A Trump administration official told local media the buses were delayed by a traffic jam on access roads near the airport. OPD says buses for people with handicaps were made available and additional buses from the Metro Area Transit Authority were called in to give people a ride back to their vehicles. Some did choose to walk back to their cars, which was about 2.5 miles away. The department said many underestimated the distance and that the OPD gave aid to the elderly and those who had trouble making the trek.Officers from several departments stayed in the area and the last person was loaded onto a bus at about 11:50 p.m.In regards to foot and vehicle traffic, OPD says things returned to normal at about 12:30 a.m.Of those in attendance, about 30 were contacted for medical reasons.Omaha Mayor Jean Stothert and Omaha Police Chief Todd Schmaderer commented on the event at a press conference Wednesday morning:More on the rally: President Trump holds MAGA rally in OmahaThis story originally reported on 3NewsNow.com. 1769

On Wednesday, the Senate Homeland Security Committee unanimously voted to ban TikTok on government devices.Newsy reporter Alex Miller tweeted that the bill, which was introduced by Sens. Josh Hawley (R-Mo.) and Rick Scott (R-Fla.), was unanimously passed. 264

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