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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 YORK (AP) — If you were to choose a word that rose above most in 2020, which word would it be? Ding, ding, ding: Merriam-Webster on Monday announced “pandemic” as its 2020 word of the year.Merriam-Webster's editor at large, Peter Sokolowski, tells The Associated Press ahead of Monday's announcement that pandemic rose to the top in March.That's when the World Health Organization declared the novel coronavirus crisis a pandemic.Interest in the word on the company's website, Merriam-Webster.com, has been high through the year.Among the runners up for word of the year: kraken, mamba and defund.President-elect Joe Biden's fondness for the word malarkey lifted the word to runner up status as well. 712

NEW YORK (AP) — Author-commentator Jeffrey Toobin has been suspended by the New Yorker and is stepping away from his job as CNN's senior legal analyst pending what the cable network is calling a "personal matter." Vice reported earlier Monday that Toobin had exposed himself during a Zoom meeting. According to Vice, members of the New Yorker and radio station WNYC were on the Zoom call when the incident occurred last week.In a statement Monday afternoon, the New Yorker said Toobin had been "suspended while we investigate the matter" and declined further comment. A CNN spokesperson says in a statement that "Jeff Toobin has asked for some time off while he deals with a personal issue, which we have granted." 722

NEW YORK (AP) — President Donald Trump's niece has followed up her best selling tell-all book with a lawsuit alleging that Trump and two of his siblings cheated her out of tens of millions of dollars.The lawsuit in Manhattan State Supreme Court Thursday sought unspecified compensatory and punitive damages.It alleges that Trump conspired with a sister and a brother to portray themselves to Mary Trump as protectors while they instead took her share of minority interests in the family business."Fraud was not just the family business, it was a way of life," the court documents stated.Mary Trump inherited the interests when her father, Fred Trump Jr., died in 1981."Rather than protect Mary’s interests, they designed and carried out a complex scheme to siphon funds away from her interests, conceal their grift, and deceive her about the true value of what she had inherited," the lawsuit stated.Messages seeking comment were left with the Justice Department, lawyers for Trump, his sister, and a lawyer for his late brother.At a briefing, White House spokesperson Kayleigh McEnany rejected the lawsuit's claims.Mary is seeking more than 0,000 in compensatory damages as well as punitive damages.You can read the full lawsuit below: Trump's niece files suit saying family cheated her of millions by Sarah Dewberry on Scribd 1340

NEW YORK (AP) — Mall owners Simon Property Group and Brookfield Property Partners are close to a deal to buy department store chain, J.C. Penney, out of bankruptcy and keep the chain running. Penney's lawyer Josh Sussberg announced the tentative pact, which will save roughly 70,000 jobs, during a brief hearing in bankruptcy court Wednesday. More than 600 stores are expected to be saved, USA Today reported.According to the Wall Street Journal, Simon and Brookfield will own about 490 locations and a group of lenders will own 160 stores.Sussberg noted that a letter of intent including details of the pact will be filed with the bankruptcy court the next day. The 118-year-old department store based in Plano, Texas, filed for bankruptcy protection in mid-May, one of the biggest retailers to do so since the pandemic temporarily shut down non-essential stores around the country. 891