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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

ORLANDO, Fla. - A baby born at 22 weeks and weighing just 12 ounces is going home after spending six months at the Orlando Health Winnie Palmer Hospital for Women & Babies.Doctors said in a press release that baby Diana Peguero is the tiniest baby to ever survive and graduate from the hospital's NICU. Today, she weighs over 7 pounds and is currently thriving at home.According to the Orlando Sentinel, Diana's mother, Jomary Tavarez, was starting to dilate when she went in for a routine checkup in April at 20 weeks pregnant.Doctors then admitted Jomary to Winnie Palmer, and on Mother's Day, Diana was born weighing 12 ounces and was nine inches long.However, after examining her size and development, doctors believe Diana was younger than 22 weeks since gestational age is just an estimate.From May 10 to Nov. 6, Diana spent her first six months of her life in the hospital's NICU, but doctors said she never needed any life-saving surgeries.A few days after giving birth to Diana, doctors discharged Tavarez from the hospital, the newspaper reported. For six months, the couple traveled from their home in Ocala, Florida, to the hospital to see their daughter.According to the newspaper, doctors initially told Tavarez and her husband Federico that most babies, Diana's size, didn't survive the first three days, which Diana did.Diana's medical team continued to set more goals for Diana, which she continued to pass, the newspaper reported.By the end of June, her parents could carry her for the first time. In July, they got to hold her, the paper reported.Diana's parents are thrilled to finally take their first and only child home, especially for Federico, with her coming home a day after his birthday."It's a bittersweet day for us in the NICU," said Dr. Thais Queliz, a neonatologist at Orlando Health Winnie Palmer. "We're sad to see Diana leave since she and her parents have been with us for so long. But we're so proud of how far she's come and are happy for them to start their lives at home as a family of three."Diana is one of only 10 babies in the world recorded to have survived at her size and gestational age. 2148

One of the jurors from Paul Manafort's trial said on Wednesday that although she "did not want Paul Manafort to be guilty," the evidence was "overwhelming.""I thought that the public, America, needed to know how close this was, and that the evidence was overwhelming," Paula Duncan said in an interview on Fox News. "I did not want Paul Manafort to be guilty, but he was, and no one's above the law. So it was our obligation to look through all the evidence."Duncan, who is the first juror to speak publicly, offered a look behind the scenes of the deliberations. She noted that "crazily enough, there were even tears," and detailed some of the jury's conversations with the lone juror who she said was the reason Manafort was not found guilty on all counts."We all tried to convince her to look at the paper trail. We laid it out in front of her again and again and she still said that she had a reasonable doubt. And that's the way the jury worked. We didn't want it to be hung, so we tried for an extended period of time to convince her, but in the end she held out and that's why we have 10 counts that did not get a verdict," Duncan said on "Fox News at Night."Manafort, who served as President Donald Trump's campaign chairman, was found guilty on eight of 18 counts on Tuesday, and is facing up to 80 years in prison. He was found guilty of five tax fraud charges, one charge of hiding foreign bank accounts and two counts of bank fraud.One of the witnesses who testified against Manafort was his longtime deputy, Rick Gates. Duncan described Gates as "nervous," and said the jury ultimately threw away his testimony during deliberation."Some of us had a problem accepting his testimony because he took the plea. So we agreed to throw out his testimony and look at the paperwork, which his name was all over," Duncan said."I think he would have done anything to preserve himself -- that's just obvious in the fact that he flipped on Manafort," she later added.Duncan, who said she is a Trump supporter herself, said the President's name did come up during deliberations because "in the evidence there were references to Trump and his son-in-law and to the Trump campaign," but later added that she didn't think politics played a part in the jury's decision."I think we all went in there like we were supposed to and assumed that Mr. Manafort was innocent. We did due diligence, we applied the evidence, our notes, the witnesses and we came up with the guilty verdicts on the eight counts," she said.Manafort will be on trial again next month on a second set of charges, this time in a Washington federal court. These charges include a failure to register foreign lobbying and a money laundering conspiracy related to Ukrainian political work. 2757

ORLANDO, Fla. (AP) — A federal judge has ordered the U.S. Census Bureau for the time being to stop following a plan that would have had it winding down operations in order to finish the 2020 census at the end of September. The federal judge in San Jose, California, issued a temporary restraining order late Saturday against the Census Bureau and the Commerce Department, which oversees the agency. The order stops the Census Bureau from winding down operations until a court hearing is held on Sept. 17. The head count of every U.S. resident every ten years helps determine how .5 trillion in federal funding is distributed and how many congressional seats each state gets. Those who have not filled out the paper census yet can fill it out online by going to the official census 2020 website. The temporary restraining order was requested by a coalition of cities, counties and civil rights groups that had sued the Census Bureau, demanding it restore its previous plan for finishing the census at the end of October, instead of using a revised plan to end operations at the end of September. The coalition had argued the earlier deadline would cause the Census Bureau to overlook minority communities in the census, leading to an inaccurate count.Because of the coronavirus pandemic, the Census Bureau pushed back ending the count from the end of July to the end of October and asked Congress to extend the deadline for turning in the apportionment numbers from December, as required by law, into next spring. When the Republican-controlled Senate failed to take up the request, the bureau was forced to create a revised schedule that had the census ending in September, according to the statistical agency. 1720

On the same day Puerto Rico's governor celebrated power generation on the island reaching 50% of capacity, the lights went out in the San Juan metro area.The source of Wednesday's outage was the same main north-south transmission line that failed last Thursday, leaving swaths of the capital without power for hours, officials said.But the latest interruption appeared to cover a larger area, including Bayamon, Guaynabo, San Juan, Carolina and other municipalities, said Justo González Torres, director of power generation for the Puerto Rico Electric Power Authority, known as PREPA.The cause of the outage was an unspecified "technical failure," he said.González said the authority hoped to restore power in the coming hours.The outage came hours after Gov. Ricardo Rosselló tweeted that the power authority had completed its stated goal of 50% generation for Wednesday.San Juan Mayor Carmen Yulín Cruz?promptly replied via Twitter, telling the governor the percentage of power generation "has just changed" and the municipal medical center and other buildings were in the dark.Shortly after noon, PREPA tweeted that power had been restored to the medical center and several other locations.With the latest outage, power generation plummeted from 50% to 22% of capacity, PREPA said on Twitter Wednesday afternoon. It later rose to 29%, the utility company said, noting that the goal is to reach 80% by the end of the month.González said capacity had reached 49.9% on Tuesday, and 50% for part of Wednesday morning. Much of Puerto Rico has been without power since?Hurricane Maria smashed the island on September 20. 1661