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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

One of the children allegedly held captive by her parents in a California home posted video and photos on secret social media accounts, according to ABC News.ABC News obtained video from a YouTube account that offers short glimpses inside the Turpin family home in Perris. The YouTube account belongs to the 17-year-old Turpin daughter who escaped the house and notified authorities.The girl used an alias on the account, ABC News reported.The YouTube account includes clips of the teen singing songs she says she wrote herself and playing with one of the family's two dogs. One of the girl's video clips includes a look at a room with clothes scattered everywhere.The most recent clip on the account was posted about a week before she escaped from the home.ABC News also reported the teen had an Instagram page -- also using an alias -- that featured selfies, photos of animals and images of singer Justin Bieber.  933

OCEANSIDE, Calif. (KGTV) - North San Diego County police are searching for a documented gang member they say killed a man outside his home in 2016.Edgar Hernandez Saavedra, 29, was named as the suspect of Miguel Luis Castillo's murder on August 20, 2016, Oceanside Police said.Saavedra was arguing with Castillo outside the man's home in the 800 block of Langford St. at about 2:40 a.m. Police said the argument escalated and Saavedra shot and killed Castillo with a semi-automatic handgun.ORIGINAL REPORT: Man shot, killed in Oceanside; Suspect at largeSince then, Saavedra's whereabouts have been unknown.Police describe Saavedra as a Hispanic male, with brown hair and brown eyes, standing about 5-foot 6-inches tall, and weighing 175 pounds. He is a documented gang member and is also known as "Little Edgar" and "Smalls."Saavedra is considered armed and dangerous, police said. Anyone with information is asked to call Oceanside Police at 760-435-4027 or Crime Stoppers at 888-580-8477.  1035

OCEANSIDE, Calif. (KGTV) — A group of Oceanside teenagers fought off a man who attacked them on a bike trail Friday.The kids were walking on a bike path west of Fireside Park when the suspect called out to them, according to Oceanside police spokesman Tom Bussey. When the kids didn't respond, the suspect charged at them.The suspect pushed the kids to the ground and they rolled down an embankment, where the suspect continued attacking, Bussey said.The group fought back, one teen hitting the man with a stick to fight him off, before running to a house to call police.Police returned to the area and found the man after searching with canines and a drone. The man, identified as 55-year-old Sampson Marinanito. Police say Marinanito had a pair of metallic nunchucks he tried to toss away.Marinanito was taken into custody for child abuse, and possession of nunchucks and narcotics. 892

OCEANSIDE, Calif. (KGTV) -- The mother of one of the 15 Marines injured in a fiery training accident at Camp Pendleton said she panicked when she learned her son was one of the wounded.RELATED: Officials: 15 Marines injured in Camp Pendleton training accident“It made my heart hurt to see him for sure, you know, with his face all burnet and knowing how bad burns hurt,” said J.R. Koontz, mother of Marine Samuel Koontz.Fifteen members of Charlie Company with the 1st Battalion, 1st Marine 3rd Amphibious Assault Battalion were hurt when the AAV they were in exploded during a training exercise on land.RELATED: Report indicates Camp Pendleton fire caused by gas lineA photo posted to social media shows an AAV in a ditch engulfed in flames.“He’s burnt on his face, and his ear and his hand. And he’s got a few abrasions here and there,” J.R. Koontz said of her son, who was released from the hospital. “He seems to be healing pretty well."J.R. Koontz said she flew to San Diego the morning after the accident and visited her son at UCSD Medical Center in Hillcrest.“It was really comforting because there was like eight Marines there in uniform. They stood there all night. They never leave him alone,” she said.Samuel Koontz posted on Facebook he has second and third-degree burns to his face but won’t have permanent scars.He wrote the vehicle, also called a Track, “Exploded and the track caught fire, me and my squad exited out multiple ways some being injured more than others. Me and some of my squad mates got out and went back to pull the rest of our brothers out that couldn’t do it for themselves for various reasons.”He also asks people to pray for the Marines still hospitalized and some badly injured.“it’s just kind of a traumatic thing I think when you go through something like that,” J.R. Koontz said. “I believe they put all the guys that were hurt in the accident in the wounded warrior battalion so that gives them time to go over what happened."The Marine Corps is not paying the flights and hotel stays for the families visiting the injured Marines. The Newport Beach 1st Marines 1st Battalion Foundation is picking up those bills to help the families.“They paid for our hotel when we were up there and our flight to get back,” she said on the phone from her home in Washington state. “That was really unexpected and really, really nice.”If you would like to donate, the Foundation asks you do so on their website.  2486

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