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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 -- Is it Girl Scout cookie season yet? A new, gluten-free offering with limited availability in select areas will be joining the cookie lineup next year: Caramel Chocolate Chip."The new Caramel Chocolate Chip cookie features rich caramel, semi-sweet chocolate chips, and a hint of sea salt in a chewy cookie," a news release says.Along with the returning gluten-free Toffee-tastic cookie, Girl Scouts says "consumers in all markets will be able to enjoy a gluten-free offering."Scouts across the country will offer customers one of the two specialty gluten-free cookies, the organization says.Not all cookies are available in all areas, so be sure to reach out to your local council to ask what they're selling. You can find your local council here. 771

Noblesville Schools announced today that Mark Booth will no longer serve as the district's director of special education, following Booth's recent sharing online of a "meme" offensive to special education.The district denounced the post and formally disciplined Booth prior to communicating that he will not return to the special education director role. Booth will shift from the leadership role to one focused on analytical compliance for the district.Booth has been Noblesville's special education director since 2004, championing several innovative and award-winning special education practices including placement of special education students in general education classrooms, strategies to better meet state academic standards, a successful work-study program and leadership in unified athletics.The district will begin the recruiting process for Booth's replacement immediately and a new director will be announced at a later date. In the meantime, assistant special education director Erin Rood will serve as interim special education director. 1060

NEW YORK — Whether you thought SantaCon was naughty or nice, New Yorkers can check the annual bar crawl off their list this year.The organizers of SantaCon NYC have announced the event will not take place this year due to the coronavirus pandemic.“2020: The year there was no SantaCon. Remain home and stay on the Good List! We are all in this together so to keep the spirit alive, we have to socially distance and wear a mask. Looking forward to 2021,” an announcement on the official website says.Tha annual event calls on participants to dress up as Santa, elves or other Christmas creatures from the North Pole for a city-wide bar crawl. And while the event also doubles as a charity fundraiser, it's become a polarizing tradition in New York City.While thousands of Santas and elves flock to Manhattan for a day of revelry to celebrate the holiday season, many who live or work in the borough have long panned the alcohol-fueled behavior that would certainly put some participants on the naughty list, including brawls and arrests.This story was originally published by Lauren Cook on WPIX in New York City. 1120

No charges will be filed against two Baton Rouge police officers in the 2016 shooting death of Alton Sterling after an investigation determined the officers' actions were "well-founded and reasonable," Louisiana Attorney General Jeff Landry said Tuesday."This decision was not taken lightly. We came to this conclusion after countless hours of reviewing the evidence," Landry said.Landry's announcement in Baton Rouge -- coming 10 months after federal prosecutors determined they wouldn't file civil rights charges against the officers -- was made moments after he met Tuesday morning with Sterling's relatives to tell them of his decision.Outrage over Sterling's death led to renewed "Black Lives Matter" protests across the nation.Sterling, 37, was shot and killed by one of two police officers who confronted him outside a convenience store in July 2016. Cell phone video showed Sterling, a black man, pinned to the ground by the white Baton Rouge police officers before he was shot; police said Sterling was shot because he was reaching for a gun.The officers were responding to a call about a man with a gun. The call was from a homeless man who said that after he approached Sterling for money, Sterling showed him the weapon.In May 2017, federal prosecutors found there wasn't enough evidence to warrant civil rights charges against Officers Blane Salamoni, who shot Sterling, and Howie Lake II.The feds determined the officers' actions were reasonable under the circumstances -- including that the two used several less-than-lethal techniques before using force; that Sterling struggled with the officers and failed to follow orders; and that video evidence couldn't prove or disprove Salamoni's assertion that Sterling was reaching for a gun.Despite the federal findings, Sterling's five children filed a wrongful death lawsuit last summer, alleging their father's shooting violated his civil rights and fits a pattern of excessive force and racism within the Baton Rouge Police Department.Abdullah Muflahi, the owner of the Triple S Food Mart in Baton Rouge where Sterling was shot, also sued Baton Rouge and its police department. Muflahi accused authorities of illegally taking him into custody and confiscating his security system without a warrant. 2270