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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) — Disney will sprinkle its pixie dust on the streaming arena Tuesday, as its Disney Plus service debuts with an arsenal of marquee franchises including Marvel and Star Wars, original series with a built-in fan base and a cheap price to boot.The -a-month commercial-free service is poised to set the standard for other services like WarnerMedia's HBO Max and NBCUniversal's Peacock to follow, as major media companies behind hit TV shows and movies seek to siphon the subscription revenue now going to Netflix and other streaming giants.Disney's properties speak to its strengths. Besides classic characters such as Snow White and Pinocchio, Disney has Pixar, Marvel, Star Wars and National Geographic — big names that most people would recognize. Disney Plus will also have all 30 past seasons of "The Simpsons." Original shows include "The Mandalorian," set in the Star Wars universe, and one on the Marvel character Loki.RELATED: Southern California theme parks bring holiday cheer to guestsMelissa Knerr, 26, a criminal defense attorney in Springfield, Missouri, already has Hulu, Netflix and Amazon Prime and wasn't sure she wanted to pay for another one. She said she was swayed by Disney Plus's price tag and its "sheer amount of content.""I really love both the Star Wars and Marvel franchises and I grew up watching classic Disney shows and movies so I do think there will be enough content for me," she said.Marlina Yates, who works in marketing in Kansas City, said she signed up because of her husband's enthusiasm about the Star Wars series "The Mandalorian" and her daughter's "love affair with princesses and everything Disney."Disney Plus's a month price is about half of the Netflix charges for its most popular plan, and there are discounts for paying for a full year up front. Disney is also offering a package bundling Disney Plus with two other services it owns, Hulu and ESPN Plus. That's cheaper than signing up for each one individually.RELATED: Spider-Man will stay in Marvel Cinematic Universe as Sony, Disney reach dealEverything won't be available to stream right away, though, as Disney needs to wait for existing deals with rival services to expire. Recent movies missing at launch include the animated Pixar movie "Coco" and the live-action "Beauty and the Beast." Others like "Maleficent: Mistress of Evil" haven't been released for streaming yet. Disney expects 620 movies and 10,000 TV episodes by 2024, up from 500 movies and 7,500 episodes on Tuesday.Disney has said that it is losing about 0 million in licensing revenue in the most recent fiscal year from terminating deals with Netflix and other services. But Disney is betting that what it makes through subscriptions will more than make up for that — at least eventually.Disney is boosting its subscription base initially with heavy promos, much as Apple TV Plus has done and HBO Max and Peacock plan to do. Members of Disney's free D23 fan club were eligible to buy three years of Disney Plus service up front for the price of two years. Customers of some Verizon wireless and home-internet plans can get a year free.The hope is that subscribers will stick around once they see what the service offers.Long-term success is by no means guaranteed. With a slew of services launching, subscription fees can add up quickly. Consumers might be reluctant to drop an existing service such as Netflix or Amazon Prime to pay for something untested.RELATED: Marvel-themed land to open in 2020 at Disney's California Adventure Park"I can't keep up with so many services. It gets expensive," said William Pearson, a Drexel University student who describes himself as a "massive" Marvel fan but already pays for Netflix, HBO and the DC Comics streaming service.But compared with other newcomers, experts believe Disney will have no problem gaining — and keeping — the 60 million to 90 million worldwide subscribers it is targeting for 2024. It took Netflix twice as long to get to 90 million."Disney Plus has a gigantic array of content and a library that's unmatched, so it feels like an easy addition for consumers to get a gigantic library at that low price," said Tim Hanlon, CEO of Vertere Group.Bernie McTernan, internet and media analyst at Rosenblatt Securities, said Apple's venture into streaming, Apple TV Plus, has to build brand recognition for its new shows, while viewers may have difficulties seeing what HBO Max offers beyond the standard HBO subscription.Disney said it was pleased with a recent test in the Netherlands, in which consumers got to try the service for free, without original content or full library of classics."The service connected with users across all four quadrants, male and female, adults and kids, driven by the breadth of our content and the affinity people have with it," Disney CEO Bob Iger told financial analysts Thursday.Connor Clifton, 29, from Houston, Texas, said he is looking forward to "The Mandalorian" Star Wars series as well as catching up on recent Pixar films."Paying for individual channels is frustrating," he said, "but I want to see the content so I'm willing to pay for it." 5157

NEW YORK, N.Y. — A man was fatally shot by police after shots rang out at the end of a Christmas choral concert on the steps of a Manhattan cathedral on Sunday, officials said. The shooting happened just before 4 p.m. at the Cathedral Church of Saint John the Divine, mother church of the Episcopal Diocese of New York and seat of its bishop. 350

NEWPORT, Wales — A 5-year-old girl in Newport, Wales, died just hours after a doctor refused to see her because she was late to her appointment, according to the BBC.The girl's mother, Shanice Clark, has been searching for answers since her daughter, Ellie-May, died from bronchial asthma in 2015, according to the New York Post. Thanks to a coroner’s inquest into her daughter's death, she was finally given some answers on Monday.The coroner ruled that Grange Clinic “missed” the opportunity to “provide potentially live-saving treatment” to her child, Sky News reports.The 5-year-old girl was reportedly not seen by a doctor, despite having an emergency appointment,  because it operated a "10-minute rule."Clark said she and her daughter arrived only five minutes late because they didn't have a car. She said she warned them she might be late when she called the clinic. According to the coroner, this was the first time the rule had been enforced in regards to an emergency appointment. Reports also state that Clark was reportedly told to come back in the morning without the doctor even looking at her daughter’s medical records, which would have shown that the child has a history of asthma.“From the evidence before me, it is not possible for me to determine with certainty whether an earlier intervention would have altered the outcome for Ellie, but nonetheless Ellie should have been seen by a [doctor] that day, and she was let down by the failures in the system,” the coroner wrote.According to the New York Post, Grange Clinic released a statement, saying: “Dr. Rowe knows that nothing can be said to Ellie-May’s family to make a difference, but she would like to say how truly sorry she is.”The coroner plans to write a letter to the health board and the clinic in hopes of addressing the tragedy and preventing similar situations in the future. Additionally, a spokesman for Aneurin Bevan University Health Board told BBC it would be "inappropriate to comment whilst we await the coroner's report".Mary Stringini is a Digital Reporter for ABC Action News. Follow her on Twitter @MaryWFTS. 2209

NEWTOWN, Connecticut — Elementary students at a Connecticut school where a mass shooting took the lives of 20 students and six adults in 2012 went home early today because of a bomb threat.Police said they believe the threat made toward Sandy Hook Elementary in Newtown was a hoax but cleared the school as a precaution. They did not report who was behind the threat, according to courant.com.Newtown Police said they received a call about the threat at 9 a.m. local time today — one day after email threats of bombs were sent to businesses, hospitals and other places across the U.S. and three other countries.The Sandy Hook mass shooting happened exactly 6 years ago on Dec. 14. The students killed were first graders, and the adults were educators. 764

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