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OCEANSIDE, Caif. (KGTV) -- A 63 year old man is grateful to be alive Saturday night after his sailboat capsizes and he was left swimming for his survival.Andrea Aria was on a trip back from Catalina, “I’m alive for the grace of God. Aria sat down with 10 News and talked about the horrific details, “I didn’t even see the wave until I made the turn and it was too late it was up on me”. The wave tipped the boat, he tried holding on, “I let go and went back in the water and I went under the boat and the boat went over me once then twice and the propellers are going”.During that moment he didn’t realize the injuries he was getting, “I didn’t feel, the adrenaline the cold water the salt all I know I couldn’t move my fingers I knew my hands were messed up “. Two casts on his hands because doctors say, he cut tendons leaving his fingers unable to move. The propeller on his boat also gashed his foot leaving him with 28 stitches.He swam about a half mile to shore, “every two strokes I was getting hit with a wave and I’m submerging and I’m having trouble handling it” Aria tells us.He says just as he was about to give up, his foot hit the sand and he crawled his way to the beach, “I finally made it and there were two police men and they said someone called us must have been an angel”.Saturday night, Aria is thankful to be alive, but he’s now realizing just how much he lost, along with his boat, “the things that I need to function everyday, they’re gone, they’re all gone” he continued, “I’m really without anything at this moment”.He’s now left to depend solely on his faith, “it wasn’t my time, I guess when its your time its your time. It definitely makes you humble definitely makes you humble”. Click here for a GoFundMe. 1746

OCEANSIDE, Calif. (KGTV) — Oceanside Police are investigating the discovery of a body near Capistrano Park Saturday.Police received a call about a body in a river bed near the park at about 1:30 p.m.The body was discovered, but was severely decomposed, police said.It's not known if the victim died of natural causes or if this is a homicide case, police added. 369

On November 11, the country will honor those who have served in the armed forces.Dozens of businesses around the country will also be giving out freebies and discounts to honor veterans.  Most businesses require valid military ID or proof of service. 263

OCEANSIDE, Calif. (KGTV) - Loved ones are mourning the COVID-related death of an Oceanside grandfather who worked security on the Sprinter train.Matthys Kemp, 67, first became sick around mid-September."A cough and fever. Just thought he was coming down with a bug," said daughter Rinali HillNot long after, his symptoms got worse. Hill says on September 20th, he ended up in the ER."They admitted him. He had double pneumonia and COVID," said Hill.After two weeks on oxygen, Kemp was placed on a ventilator and sedated. He developed a blood clot in his leg and kidney issues.On November 1, Kemp, a father of two and grandfather of three, passed away."Just glad he's not in pain anymore," said a tearful Hill.Hill says her father was kind, generous and well-liked."He definitely had a huge smile and huge heart for everybody," said Hill.Hill says Kemp worked with the North County Transit District for the past decade, including the last five years for the contractor that provides security on the Sprinter train."He loved his job. Felt like he had a purpose, showing up every day in his vest. Felt like it was his Superman cape. Took pride in getting people to their destinations," said Hill.Hill isn't sure where her father contracted the virus, but says he was diligent about wearing a mask at work.His long-held wish, known to his family for years, was to have his body donated to science. Hill says when she reached out to local research facilities, they say it wouldn't be possible because of his COVID-19 diagnosis."That’s what he wanted and unfortunately we couldn’t do that for him," said Hill.Hill is now sharing her father's story, urging others to take precautions."Please wear a mask ... This virus can leave behind a family that can’t say goodbye in person, couldn't get hold their hand. This can happen to anybody," said Hill.Kemp did not have any underlying health issues.A Gofundme campaign has been set up to help Kemp's family with expenses.A spokesperson for Kemp's employer, Bombardier Transportation issue this following statement:"We are deeply saddened by the recent loss of one of the members of our services team at North County Transit District. Our thoughts are with the employee’s family and our other personnel at NCTD at this very sad time."A spokesperson with the North County Transit District released the following statement:"We are deeply saddened about the news of Mr. Kemp’s passing. Mr. Kemp was an employee of Bombardier Transportation, NCTD’s contractor for rail service. He was a valued member of our team and a true supporter of NCTD’s mission and services to the public. We share our heartfelt condolences for his family on their loss." 2687

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

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