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NEW YORK CITY — Defense attorneys are not only calling for two NYPD officers to be fired after body camera video showed them beating a man, shoving him to the ground and macing him, but lawyers are also calling for one of the officers to be charged with felony assault.The video, recorded on May 25, was released on Wednesday.Edda Ness is a Legal Aid Society attorney assigned to represent the man."It's unjustifiable what they did," Ness said. "They should have been fired immediately. This case should've never been prosecuted."Police confronted 30-year-old Joseph Troiano for taking up more than one seat in the mostly empty subway car, a crime that hasn't been prosecuted by Manhattan District Attorney Cy Vance's office since 2016.Troiano was charged by police with resisting arrest and other misdemeanor charges. But the district attorney's office added a felony assault charge after Vance's office determined that Troiano had injured one officer's hand in the encounter. That charge was when the video of the incident surfaced."After a thorough investigation, our prosecutor intended to offer the individual an Adjournment in Contemplation of Dismissal at his next court appearance," a spokesperson from Vance's office said in an e-mailed statement. "The District Attorney was provided with the available footage last night and determined that our office will advance the case for this purpose, dismiss the assault charge, and offer an adjournment in contemplation of dismissal for the remaining misdemeanor charge."The Legal Aid Society called for the officers' dismissal by name."[We're] calling for the two officers, Shimul Saha and Adonis Long, to be immediately fired," Ness said.Officers Adonis Long and Shimul Saha confronted Troiano around 12:30 a.m. on May 25. After Troiano was told to leave the train, he moved to another subway car. Police followed him."Step off the train," one of the officers said in the video. "You're holding up the train for everybody. Step off or I gotta drag you off."Troiano asked them how he was holding up the train, and he refused to get off. When Long reached out for Troiano's arm, the subway rider pushed Long's hand away."Don't touch me," Troiano said. "Don't touch me. Get off of me."Long then repeatedly punched Troiano in the face. The first punch caused Troiano's eyeglasses to fly off his face. Long and Saha pulled Toriano from the subway car, and he was thrown to the ground in the station.One officer pulled Troiano over to a wall while the other kicked his belongings off the train. Police told him to sit down, and then pepper-sprayed him in the face when he didn't immediately comply.Toriano turned to the wall and covered his eyes; he cried and took a few steps away from police, then fell to the ground where he continued to cry. Officers made him stand, but then told him again to get on the floor."Help me," Troiano said as he got down on the ground.Video shows that Troiano, face bloodied, struggled with police while on the floor. Officers pulled at his hair and held a hand on his neck. One of Troiano's shoes came off. He asked to be allowed to stand up."I'm having a panic attack, please," he said. "I'm sorry. Please, guys, you're killing me."Troiano was taken to a local hospital on a stretcher. He was charged by police with resisting arrest, obstruction of governmental administration and taking up more than one seat on the subway.Walter Signorelli, a retired NYPD inspector who's now an attorney who represents clients suing police, pointed out that Troiano first disobeyed an order from the officers, after which Long struck."It's always difficult to second guess an officer," Signorelli said. "The officer might have [first] said, 'You're under arrest,' which would have made everything clearer and more legal."Legal Aid is calling for prosecutors to charge Long with felony assault. Meanwhile, Ness said her client has had emotional challenges since the late May incident."It's a lot of trauma," Ness said.This story was originally published by James Ford on WPIX in New York City. 4069

NEW: @CBSNews statement on White House “unprecedented” decision to release full @60Minutes interview: https://t.co/46YUR1MK3Z pic.twitter.com/LXXiNY1a1r— Paula Reid (@PaulaReidCBS) October 22, 2020 205

NOGALES, Mexico — Eighteen-year-old Joshua escaped violence in Guatemala with his father two months ago and has ended up just steps away from the U.S.-Mexico border.Saying that gangs control almost all of Guatemala, he says they will likely request asylum in the United States.The Kino Border Initiative, headquartered in Nogales, Arizona, helps provide for those fleeing danger who end up like Joshua: far from home and uncertain about the future."A lot of people are fleeing violence in the northern part of Central America and parts of southern Mexico," said Fr. Sean Carroll. "That reality is not changing."Immigration figures show that before 2013, only one in 100 asylum seekers was able to convince authorities they faced a credible fear of violence in their home country, a crucial step toward qualifying for asylum.Now, one out of every ten applicants is able to meet that standard.The asylum process has been under intense political scrutiny as thousands of people have organized into large groups and moved to seek a better life in the United States.The caravans have drawn increasing criticism from President Trump and others in the White House, who have looked for ways to thwart the migrants' ability to enter the U.S. or request asylum.For Joshua, he says he has one request for immigration officials: do him the favor of saving his life. 1386

Next week, the U.S. House and Senate will take up police reform bills.The House will address qualified immunity on a national level. It's a doctrine implemented by the U.S. Supreme Court that makes it difficult to sue police, even if one's constitutional rights are violated.The doctrine protects officers who can defend their actions because they didn't know their conduct was unconstitutional. That's because it wasn't “clearly established” in a prior court ruling.In practice, courts have dismissed civil rights lawsuits because there wasn't a previous case in the same location with the same circumstances. So, there's also no precedent for future cases. That's why the doctrine is criticized as a "catch 22."“That kind of ‘does this officer get the benefit of the doubt?’ type of inquiry gives judges just lots of room based on their interpretation, their view of whether this seems like a bad case or not, and it means that the judge is taking cases away from the jury based on their own views of the facts,” said Brandon Garrett, professor of law at Duke University.“The way to truly understand it is to look at in the context, as a lot of people are suddenly looking at it when police uses force, and particularly when it's deadly force,” said Aderson Francois, professor of law at Georgetown UniversityThe officers involved in a wrongful death lawsuit in Washington D.C. are expected to claim qualified immunity. In 2018, Marqueese Alston was shot and killed by police while running away. The court will only look at it from the perspective of police and if they reasonably feared for their lives.“What the court will not do is to ask did my client, a 22-year-old black man in DC have a reasonable fear for the police that caused him to run away in the first place,” said Francois.It's important to point out that officers do not personally foot the bill in these cases.“It's about the municipality, the county, the city,” said Garrett. “They're the ones who are paying. They're the ones who should be held accountable. After all, if this officer was poorly trained or didn't have the right support from colleagues, it's not the officer's fault necessarily.”Qualified immunity makes it so the constitutional issue is never addressed. Even if the doctrine disappears, it's still difficult to win a constitutional claim. 2335

New developments have surfaced in the search for a missing 3-year-old Georgia boy.Last week, police in New Mexico rescued 11 starving children, ages one to 15, who were living in squalor at a filthy compound. Among the trash and piles of junk that litters the compound in Amalia, New Mexico, authorities say they’ve found the remains of a young boy.The remains could be those of Abdul-Ghanni Wahhaj, who went missing in Georgia late last year. His fourth birthday was on Monday.Five adults were taken into custody after authorities raided the compound, where they found children living with no plumbing and rags for clothes. 632

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