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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) — J.C. Penney says it is closing 154 stores nationwide in what it is calling the first phase of its efforts to shrink its footprint. According to USA Today, the retailer received bankruptcy court approval on Thursday to begin liquidation sales at stores that are permanently closing. The Plano, Texas-based retailer said it could take about 10 to 16 weeks to complete the closures. “While closing stores is always an extremely difficult decision, our store optimization strategy is vital to ensuring we emerge from both Chapter 11 and the COVID-19 pandemic as a stronger retailer with greater financial flexibility to allow us to continue serving our loyal customers for decades to come,” said Jill Soltau, chief executive officer of JCPenney in a press release. “I am incredibly grateful to our talented associates for their ongoing dedication and their passion for meeting and exceeding our customers’ expectations during this difficult and uncertain time. All impacted associates will be treated with the utmost consideration and respect.”Penney filed for bankruptcy protection last month, making it the biggest retailer to do since the coronavirus pandemic forced non-essential stores to be shut down temporarily. As part of its bankruptcy reorganization, Penney said it planned to permanently close nearly a third of its 846 stores in the next two years. That would leave it with just over 600 locations. 1431
NEW ORLEANS (AP) — A federal judge says Louisiana must reinstate coronavirus pandemic voting plans used for summer elections rather than using a more restrictive plan approved by the Legislature. U.S. District Chief Judge Shelly Dick says the state must allow mail voting for people with conditions that make COVID-19 more dangerous, and their caretakers. She also ordered the expansion of early voting from seven days to 10 in November, but not in December. During his monthly call-in radio show, Gov. John Bel Edwards says the opinion boils down to simply doing what the state did in July and August.Secretary of State Kyle Ardoin says his office is reviewing it. 673
NEW YORK (AP) — Jeffrey Epstein’s longtime confidante Ghislaine Maxwell has been transferred to New York to face charges she recruited women and girls for him to sexually abuse.The Bureau of Prisons confirmed that Maxwell was transferred Monday and is currently being held at the Metropolitan Detention Center in Brooklyn.Prosecutors have asked a judge to schedule a Friday court appearance in Manhattan federal court for Maxwell.The 58-year-old was arrested last week at a million estate she had purchased in New Hampshire.Maxwell was the former girlfriend and longtime close associate of Epstein, who killed himself in a Manhattan jail last August while he awaited trial on federal sex trafficking charges.She has denied wrongdoing and called claims against her “absolute rubbish.” 794
NEW YORK (AP) — Johnny Depp has exited the "Fantastic Beasts" franchise following his failed libel case against The Sun tabloid newspaper for a 2018 article that labeled him a "wife-beater." Depp said Friday in a letter posted on Instagram that he would depart the role of dark wizard Gellert Grindelwald after the studio requested his resignation. Depp said his announcement came "in light of recent events." On Monday, a U.K. judge ruled that an April 2018 article in the British tabloid, which accused him of assaulting his then-wife and fellow actor Amber Heard, was not libelous.Warner Bros. confirmed Depp's departure and said the role will be recast. "We thank Johnny for his work on the films to date," the studio said in a statement. The third "Fantastic Beasts" film is currently in production. 812
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