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A New York judge dismissed count 6 of Harvey Weinstein's criminal indictment Thursday, which was a criminal sexual act in the first degree.The count stems from charges brought forth against the disgraced movie producer in May by Manhattan District Attorney's Office.A source familiar with the investigation told CNN at the time that the criminal sex act charge was from a case involving aspiring actress Lucia Evans, who alleged Weinstein forced her to perform oral sex on him in his Tribeca office in 2004. She first spoke out about the alleged incident to Ronan Farrow in the New Yorker last fall.Carrie Goldberg, an attorney for Evans, spoke to reporters outside the court in lower Manhattan following the dismissal, and said the prosecution "jumped ship" and "ultimately she was caught between the middle of a feud between the NYPD and the DA's office."Goldberg added that despite District Attorney Cy Vance not opposing a motion to dismiss the charges against Weinstein, her client's claims remain and this "does speak to a system desperate in need of reform.""People always ask why don't sexual assault survivors come forward, this is why. Today is why," Goldberg said. Goldberg detailed how prosecutors used Evans for months and "put her through needless torture."The attorney said her client will continue her fight in other venues."Victims are becoming warriors and this is just the beginning," she added.Weinstein had previously pleaded not guilty to the six sex crimes he's been charged with in New York, including two counts of rape.Weinstein's bond was set at million and he is required to wear a GPS monitoring system and is only allowed to travel within New York state or Connecticut.Weinstein is also under investigation for alleged sex crimes in Los Angeles and London.CNN has reached out to Weinstein's representatives for comment. 1861

A plane dragging the Confederate flag was seen circling Bristol Motor Speedway prior to the NASCAR All-Star race Wednesday night.Videos shared to Twitter and other social media sites show the plane dragging the flag, along with the website for the Sons of Confederate Veterans.NASCAR banned the Confederate flag from racetracks in June, following the death of George Floyd and resulting weekslong protests against police brutality and systemic racism. 459

A relaxing swim in the ocean after a day of training suddenly changed when a shark got close to a coast guard group, prompting crewmembers to fire shots in the water to scare the animal away.Members of the Coast Guard Cutter Kimball had completed operations for the day “a zillion miles from land” and “had not been off the ship for weeks,” they said in a Facebook post describing the encounter. USCGC Kimball is based in Honolulu.The group decided to go for a swim complete with an inflatable unicorn, and utilized a “fully vetted and tested plan we’ve used before” which included safety briefs, a small boat stationed 50 yards out and “an armed shark watch.”Then, over the radio, a call comes over “shark!” 716

A metro Detroit restaurant is defending a viral video showing a brawl inside the Asian Corned Beef on Gratiot.An employee told Scripps station WXYZ in Detroit she was scared when things quickly got out of hand but says her boss and general manager did what they had to do.It’s a video that’s been viewed more than a million times. It was taken on a cell phone inside the Asian Corned Beef on Gratiot Saturday night.WXYZ reached out to the customer who shot the video. The customer did not feel safe talking, but we that we could use the video. The customer shared the video in Facebook, saying “Asian corn beef on Gratiot ghetto, the whole staff jumped on one person.”The video appears to show a customer arguing with employees, apparently because something was wrong with his order, before an all out fight breaks out.The district manager said they didn’t want to start fighting with the customer and told him to leave.It’s an incident the company said quickly escalated and they didn’t mean for it to get that far.The company said they told police they didn’t want to file a police report, and say they hope this incident doesn’t put a negative light on the restaurant. 1209

A Nevada Sheriff has taken to Facebook to apologize after leaving her gun in the bathroom of a casino.Nye County Sheriff Sharon Wehrly left her Glock .45 in a restroom toilet stall last week at Saddle West, a hotel, casino and RV Park in Pahrump.Casino General Manager Gregg Schatzman confirmed there was a weapon recovered last week in the bathroom by a porter who was cleaning. He said the porter turned it over to security, who then turned it over to him where it was locked up until the sheriff reclaimed it.Wehrly believes the incident happened last Tuesday or Wednesday but could not confirm which day she left her gun behind. She said she was only separated from her gun for about 10 minutes. She realized it was missing and went back to the restaurant where she'd been having lunch. She says she never left the building."It's a big responsibility to have a firearm and an even bigger responsibility to make sure it's kept in a safe environment all the time. However, people are human and mistakes happen," Wehrly said. "A gun is a tool, and we should always keep track of our tools. I was remiss in this case because I was on the phone dealing with an emergency. I was blessed that someone responsible found it."Schatzman added that there's always a concern when a weapon is left in a restroom. He said leaving a gun, especially a duty weapon, is very, very serious."There was a hole and fortunately we picked it up and so we're in good shape," Schatzman said.He emphasized his high regard for the Nye County Sheriff's Office and their quick response time whenever the casino needs them.Wehrly admitted that this is not the first time she's left her gun behind, though the others, she says, were in the distant past.She recalled a 1984 incident where she left her gun at the U.S. Department of Energy headquarters in Mercury and ended up working an entire shift without it. She also recalled an incident in the 1990s but said the gun wasn't left in a public facility. Schatzman said a California Highway Patrol officer left his gun and badge in the casino restaurant last year. 2183