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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

OCEANSIDE (KGTV) -- Multiple customers said a North County rental company refused refunds during the pandemic and only offered a full credit toward a future stay in exchange for removing negative reviews online.Lisa Janson is one of those customers. She lives in Pennsylvania and was excited for her March trip to California with college friends. Janson was first planning to stop in Palm Springs to spend time with her son and his family before driving to Oceanside.Once in San Diego County, they planned to stay at a property managed by Beachfront Only. The company operates several rental properties along the coastline.As the situation with the Coronavirus worsened, Janson canceled their March trip. They were able to get refunds on their flight and Airbnb in Palm Springs; however, she said when it came to their rental, Janson said the business did not budge. "I was just absolutely shocked. I was dumbfounded," Janson said.She first asked for a refund on March 10. She said all those traveling were older than 65-years-old. One of her friends also had a doctor's note, urging her not to travel because of her compromised immune status. Even with that information, Janson said Beachfront Only would not make any exceptions.She lost more than ,000. Others contacted Team 10 about similar experiences with Beachfront Only. One San Diego man said he lost more than ,500. Another woman said she had to cancel her wedding due to the pandemic. Beachfront Only was the only business not to issue a refund. She lost more than ,000.A week and a half after Janson first reached out to Beachfront Only, she said the company offered her a deal."We're going to offer you a 50 percent credit toward a future rental," Janson said. "This was probably our 10th email back and forth. The idea of renting with them…. I don't trust these people!"On April 6, Janson said the company decided to offer 100 percent full credit towards a future stay contingent upon removal of any negative reviews that may have been posted, and the bank dispute has been canceled." "It just pisses me off," Janson said.When you visit Beachfront Only's Yelp page, a "consumer alert" warning pops up saying Yelp "caught someone red-handed, trying to pay someone to write, change, prevent, or remove a review for this business." Team 10 spoke to three people who said Beachfront Only offered 100 percent credit on a future stay only if they removed a negative review.Legal analyst Dan Eaton said a business compensating someone to remove a negative review is not illegal, but could have long-term effects."Businesses should understand that what they do will have a reputational tail that lasts many months, maybe years beyond the pandemic. People are going to remember what businesses have done," Eaton said.Beachfront Only did not respond to Team 10's calls and multiple emails. "I'm not wishing anything bad on them. We would just never rent with them again," Janson said.Janson said she is working to dispute the charge with her credit card. 3021

On Tuesday, the Justice Department awarded more than million in grants to nonprofits who help survivors of human trafficking.Attorney General William Barr, Ivanka Trump, an adviser to President Donald Trump, and other officials announced that 73 organizations in 34 states will receive the grants, which will be provided by the Office for Victims of Crime, which is a component within the Justice Department's Office of Justice Programs.“Human trafficking is a barbaric criminal enterprise that subjects its victims to unspeakable cruelty and deprives them of the most basic of human needs, none more essential than a safe place to live,” Attorney General Barr said in the statement. “Throughout this Administration, the Department of Justice has fought aggressively to bring human traffickers to justice and to deliver critical aid to trafficking survivors. These new resources, announced today, expand on our efforts to offer those who have suffered the shelter and support they need to begin a new and better life.”Victims who receive the grants will be able to use the funds to receive counseling, find transitional or short-term housing assistance, as well as permanent housing, employment, and job training.“In the midst of the COVID-19 pandemic, combating human trafficking in the U.S. and abroad is critical work. DOJ’s grant recipients are on the frontlines of this fight, ensuring that survivors across our country are afforded safe and stable housing and empowered with the support and resources they need to rebuild their lives,” said Ivanka Trump in the statement. “I am incredibly honored to join Attorney General Barr to highlight these organizations and their tireless and vital work.”To see a complete list of who will receive the grants, click here. 1779

Officers rescued a couple in Connecticut early Wednesday morning who were caught in a flood after a woman yelled to her iPhone “CALL 911” to summon police.According to the Guilford Police Department, the couple was crabbing when the husband fell into the water and was trapped in the entrance of the sluice pipe that runs under the roadway. The woman was holding onto her husband, fearing if she let go, he would get sucked in.Two officers from Guilford Police arrived, and said they retrieved a rope to assist the woman in saving her husband.“One of the key reasons officers were able to locate the victim so quickly was because his wife had SIRI activated on her iPhone," the Guilford Police Department said. “Her phone was a significant distance away from where she was trying to save her husband and she could not let go of him. She shouted to SIRI to "call 911" and the phone immediately dialed and made contact with 911 fire dispatchers.”The phone’s GPS technology gave officers the location, allowing for a swift rescue.Amazingly, no one was injured from Wednesday’s incident. 1091

OROVILLE, Calif. (AP) — Officials at the nation's tallest dam unleashed water down a rebuilt spillway Tuesday for the first time since it crumbled two years ago and drove hundreds of thousands of California residents from their homes over fears of catastrophic flooding.Water flowed down the spillway and into the Feather River as storms this week and melting snowpack are expected to swell the lake behind Oroville Dam in the foothills of the Sierra Nevada, said Molly White, principal engineer with the California Department of Water Resources.The spring storms follow a very wet winter that coated the mountains with thick snowpack, which state experts will coincidentally measure Tuesday to determine the outlook for California's water supplies. Heavy winter rain and snow has left the state drought-free for the first time since December 2011, experts say.The dam's main spillway "was designed and constructed using 21st century engineering practices and under the oversight and guidance from state and federal regulators and independent experts," Joel Ledesma, deputy director of the department's State Water Project, said in a statement."We spent the last two years restoring full functionality of the spillway. We expect it to run as designed," Ledesma said during a news conference.The original spillway on the 770-foot-high (235-meter) dam, which is 150 miles (241 kilometers) northeast of San Francisco, was built in the 1960s.In early 2017, storms drenched the state and the massive spillway broke apart as it carried heavy flows.Dam operators reduced the flow and allowed water to run down an emergency spillway — essentially a low area on the reservoir's rim — but the flow began eroding the earthen embankment that had never been used. Authorities suddenly had to order an evacuation of nearly 200,000 people living in communities downstream.The threat of a dam collapse that would unleash a torrent of water did not happen, however, and people were allowed to go home days later.In January 2018, an independent panel of dam safety experts released a nearly 600-page report that blamed the crisis on "long-term and systemic failures" by California dam managers and regulators to recognize inherent construction and design flaws in the dam.Repairs have cost .1 billion. California requested about 9 million from the Federal Emergency Management Agency for the fixes, but the federal government has rejected 6 million of those reimbursements. U.S. officials say the dam's upper gated spillway was damaged prior to the heavy rain two years ago.Local water agencies are already paying some of the repair costs, and they would cover anything not paid by the federal government. 2703