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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

OTAY MESA (CNS) - Border Patrol agents stopped a car in Otay Mesa and arrested five people, including a man who claimed to be a national guardsman from California, for alleged human smuggling, a Customs and Border Protection officer said Saturday.Around 3:45 p.m., Border Patrol agents stopped a car near the intersection of Alta Road and Otay Mesa Boulevard, according to Customs and Border Protection Officer Ralph Desio. The area is about a mile north of the U.S.-Mexico border.Agents interviewed the five people inside the car, all men, and determined two were U.S. citizens and the other three were undocumented Mexican nationals, Desio said.The driver of the car claimed to be a California National Guardsman in the process of separating from the service, according to Desio. California National Guard spokesman Lt. Col Jonathan Shirmo, however, told City News Service that the man was not a national guardsman, and was believed to be a U.S. Army reservist.The Army could not be immediately reached for comment.The five were all arrested, and the two citizens could face charges of human smuggling, Desio said.The three undocumented people were being held as witnesses in the case and will later face deportation proceedings, according to Desio. 1264

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

OCEANSIDE, Calif. (KGTV) — San Diego's Board of Supervisors voted to enter into an agreement with Tri-City Healthcare District to build a new psychiatric health facility in Oceanside.The county will contribute .4 million to build a 16-bed facility on a piece of vacant land at Tri-City Medical Center in Oceanside. Tri-City will operate the facility, but the county will lease the property, build the facility, and sublease the building to Tri-City.Tri-City Healthcare District closed its Behavioral Health Unit in 2018 over changes in federal regulations. Regulations required the hospital to remove all "ligature" risks from rooms, or features of rooms that patients could use to hand themselves. The hospital's "drop" ceilings also did not meet regulations. Replacing the ceilings alone would cost million.The hospital's behavioral health unit provides adult inpatient psychiatric services. The departure of those services have made filling emergency behavioral needs in North County increasingly challenging. Patients had to instead be taken to Palomar Hospital in Escondido or San Diego County Mental Health off of Rosecrans Street.Not only did it make emergency situations a longer drive for patients, but officers would be removed from their jurisdictions for 5 to 6 hours.“Getting Tri-City Health into the behavioral health business has been a top priority,” said Supervisor Jim Desmond, whose district includes the hospital. “The biggest winners are the residents of San Diego County, residents and families who count on and rely on the needed behavioral health services.”The facility could take up to three years to open. 1645

OCEANSIDE, Calif. (KGTV) -- A family of out-of-state vacationers was displaced after a dryer in the home they were renting caught fire.Firefighters were called to the home, located on the 1000 block of South Pacific Street, shortly after midnight Sunday.After arriving, firefighters discovered that a clothes dryer near a downstairs bedroom of the home was on fire.Firefighters were able to quickly extinguish the flames, but not before a woman in her 60s suffered smoke inhalation.Crews say seven adults and none children staying in the two-unit home were displaced by the fire.Firefighters from Camp Pendleton, Vista and Carlsbad assisted. No one was injured. 669