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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

NEWBURGH, N.Y. (AP) — A private jet carrying rapper Post Malone blew two tires during takeoff at a small New Jersey airport on Tuesday but made a safe emergency landing hours later in upstate New York, prompting the rapper to thank fans who prayed for him and diss those who "wished death" on him while he was in the air.The face-tattooed singer/rapper, who had been headed to England, tweeted, "i landed guys." 419

NEW YORK CITY — In what New York City's mayor is calling a "Christmas miracle," an NYPD officer is conscious and communicating after he was shot in the back in Brooklyn while responding to a 911 call for a domestic dispute, police said.The incident occurred in the Crown Heights neighborhood of Brooklyn on Thursday night.Police said the alleged shooter has been arrested and the gun was recovered. A bulletproof vest protected the 27-year-old officer, who was rushed to a local hospital after being shot near Prospect Place and Ralph Avenue. It went into the vest, but didn't penetrate the officer's skin, NYPD Commissioner Dermot Shea said.The shooter allegedly threatened his girlfriend, New York City Mayor Bill de Blasio said.The girlfriend's mother repeatedly called 911, begging for police to come, Shea said. She said the boyfriend had threatened to shoot the home up. As officers on the scene interviewed the daughter, her boyfriend arrived.He shot an officer and then ran, Shea said. Other officers pursued and arrested him a few blocks away. Body camera video shows officers repeatedly tell the shooter to drop his gun. He put it down on the sidewalk and was taken into custody."Because the NYPD was there, that woman is alive right now," de Blasio said. "Because our officer put himself in harm's way, an innocent woman is alive."The officer’s precise condition wasn’t immediately clear, but police officials said the officer was awake and responsive and has since been released from the hospital.De Blasio and Shea spoke to the officer's parents."They felt that this was a Christmas miracle that their son was alive and well," de Blasio said.The NYPD asked people to avoid the area. People were advised to expect a police presence in the area."It's Christmas Eve. This is a time when you would expect peace, you would expect harmony," de Blasio said.This story was originally published by Aliza Chasan on WPIX in New York City. 1948

Northwestern University in the Chicago suburb of Evanston was under a lockdown order for nearly an hour after reports came in Wednesday afternoon of a person on campus with a gun and shots fired. It turns out that the whole incident was a hoax. According to ABC News, an Evanston Police official said that the report was a swatting incident. The emergency call to police claiming there was a gunman on Northwestern's campus came from out of state.  Swatting pranks have been taking place in recent years involving a call to police prompting a SWAT unit to respond to a person's home. The prank sometimes end up being deadly. In December, a 28-year-old Kansas man was shot and killed by police after a prankster claimed the man was holding his family hostage after shooting his father. When police arrived, the man reached for a waistband, causing police to kill the man. It turns out he was unarmed, and the call came from 1,400 miles away. Northwestern University originally reported that a person with a gun was located near Engelhart Hall. Evanston Police said that several streets nearby were closed. After an initial search, Evanston Police said they could not find any victims, gunmen or crime scene. Students and employees were being told to seek shelter around 2:40 p.m. local time. An hour after the initial lockdown order, Northwestern said that only those in Englehart Hall remained in shelter. An all clear was given shortly after 4 p.m. local time.  1540

NEW YORK (AP) — Move over Mark Zuckerberg. At 21, Kylie Jenner has been named the youngest-ever, self-made billionaire by Forbes magazine.Forbes estimated that Jenner's Kylie Cosmetics is worth at least 0 million, and she owns it all. She hits the billion-dollar mark when you add in cash she has already pulled from the profitable business, the magazine said.Facebook's Zuckerberg was 23 when he hit the big B mark.Jenner told Forbes the milestone is a "nice pat on the back."Detractors have wondered as the Jenner-Kardashian sibling climbed her way to a billionaire exactly what Forbes means by "self-made." Her family, after all, is rich and famous. Her mom, Kris Jenner, helped build her business.Forbes says as long as she didn't inherit a business or money, she's labeled self-made. 799