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A Brooklyn woman whose racist, profanity-laced tirade on the New York subway was captured on video this week has been charged with felony assault after she struck a fellow passenger, authorities said.The dispute between Anna Lushchinskaya, a 40-year-old white woman, and the 24-year-old passenger, a woman of Asian descent, began after Lushchinskaya bumped into the woman early Tuesday, the New York Police Department told CNN.Lushchinskaya yelled profanities at the victim on the northbound D train, hitting her with an umbrella and keys, the NYPD said. On video captured by witnesses, Lushchinskaya can be heard calling the woman a racial slur.Lushchinskaya was apprehended at the 36th Street Station and arrested, the NYPD said.CNN could not reach Lushchinskaya or her attorneys for comment Friday.Lushchinskaya was arraigned in Kings County Criminal Court following the incident, according to Brooklyn District Attorney spokesperson Oren Yaniv. She pleaded not guilty and posted ,000 cash bond, according to court records.She is due back in court January 22.The victim suffered cuts to her face, the NYPD said. She told CNN affiliate WABC, which said she wanted to remain anonymous, that she was grateful people intervened.A 30-year old good Samaritan suffered scratches when he intervened, the NYPD said.Several subway riders captured the tirade on video. The incident has since been viewed by millions of people on social media.The video shows the woman yelling profanities at the victim and calling another rider "retarded.""F*** off," Lushchinskaya allegedly said several times before striking the victim with her hand.She then took off her sunglasses and gloves, pulled her hair back and took her umbrella and keys from her bag, according to the video. Then, she began kicking the woman, who defended herself.Passengers intervened, trying to restrain Lushchinskaya, and told her to stop. One person threatened to call the police.The video shows Lushchinskaya striking the woman several times with her umbrella and her keys and again kicking her."She's not even fighting you back," one person is heard saying.At least two subway riders tried to wrestle the umbrella away.Lushchinskaya is seen spitting in the direction of the victim before yelling more profanity and a racial slur.Juan Ayala, who was filming the incident, said he decided to intervene, but Lushchinskaya lashed out at him. A video posted by another user shows Ayala talking to Lushchinskaya."Do not spit at me," Ayala says in the video, to which Lushchinskaya replies, "What are you, her attorney? F***ing Mohammed."The subway car erupts in a gasp and Ayala gives his reply: "What? B****, I'm Dominican!"Fellow subway riders protested. "Your white privilege ain't working over here," one man is heard saying.The victim told WABC she felt lucky the woman didn't have a weapon like a gun or a knife "because it could have got a lot worse.""I'm lucky that people were on the train who were helping me, especially the first Asian guy who stood in front of me right away because he wasn't recording. He just stood in front of me to help me, because I know other people were recording, but their recording didn't do anything until later on when it escalated," she said.This is Lushchinskaya's second arrest this year for a subway altercation -- both took place at the 36th Street Station in Brooklyn. In June, she was arrested for allegedly pepper spraying a man and woman, according to DCPI detective Sophia Mason. Both were Hispanic. She was charged with harassment, menacing with a weapon and attempted assault. 3593

A Black man who says he was unjustly arrested because facial recognition technology mistakenly identified him as a suspected shoplifter is calling for a public apology from Detroit police. And for the department to abandon its use of the controversial technology.The complaint by Robert Williams is a rare challenge from someone who not only experienced an erroneous face recognition hit, but was able to discover that it was responsible for his subsequent legal troubles.The Wednesday complaint filed on Williams' behalf alleges that his Michigan driver license photo — kept in a statewide image repository — was incorrectly flagged as a likely match to a shoplifting suspect. Investigators had scanned grainy surveillance camera footage of an alleged 2018 theft inside a Shinola watch store in midtown Detroit, police records show.That led to what Williams describes as a humiliating January arrest in front of his wife and young daughters on their front lawn in the Detroit suburb of Farmington Hills.Related: Detroit demonstrators calling for city to cease use of facial recognition technology“I can’t really even put it into words," Williams said in a video announcement describing the daytime arrest that left his daughters weeping. "It was one of the most shocking things that I ever had happen to me.”The 42-year-old automotive worker, backed by the American Civil Liberties Union, is demanding a public apology, final dismissal of his case and for Detroit police to scrap its use of facial recognition technology. Several studies have shown current face-recognition systems more likely to err when identifying people with darker skin.The ACLU complaint said Detroit police “unthinkingly relied on flawed and racist facial recognition technology without taking reasonable measures to verify the information being provided." It called the resulting investigation “shoddy and incomplete," the officers involved “rude and threatening,” and said the department has dragged its feet responding to public-information requests for relevant records.Detroit police and Wayne County prosecutors didn't immediately return emailed requests for comment Wednesday.Related: Detroit police board votes to approve DPD's use of facial recognition technologyDataWorks Plus, a South Carolina company that provides facial recognition technology to Detroit and the Michigan State Police, also couldn't immediately be reached for comment.Police records show the case began in October 2018 when five expensive watches went missing from the flagship store of Detroit-based luxury watchmaker Shinola. A loss-prevention worker later reviewed the video footage showing the suspect to be a Black man wearing a St. Louis Cardinals baseball cap.“Video and stills were sent to Crime Intel for facial recognition,” says a brief police report. “Facial Recognition came back with a hit" — for Williams.At the top of the facial recognition report, produced by Michigan State Police, was a warning in bold, capitalized letters that the computer's finding should be treated as an investigative lead, not as probable cause for arrest.But Detroit detectives then showed a 6-photo lineup that included Williams to the loss-prevention worker, who positively identified Williams, according to the report. It took months for police to issue an arrest warrant and several more before they called Williams at work and asked him to come to the police department. It's not clear why.Williams said he thought it was a prank call. But they showed up soon after at his house, took him away in handcuffs and detained him overnight. It was during his interrogation the next day that it became clear to him that he was improperly identified by facial recognition software.“The investigating officer looked confused, told Mr. Williams that the computer said it was him but then acknowledged that ‘the computer must have gotten it wrong,’” the ACLU complaint says.Prosecutors later dismissed the case, but without prejudice — meaning they could potentially pursue it again.The case is likely to fuel a movement in Detroit and around the U.S. protesting police brutality, racial injustice and the death of George Floyd at the hands of police in Minneapolis. Detroit activists have presented reforms to the city's mayor and police chief that include defunding the police department and ending its use of facial recognition.Providers of police facial recognition systems often point to research showing they can be accurate when used properly under ideal conditions. A review of the industry’s leading facial recognition algorithms by the National Institute of Standards and Technology found they were more than 99% accurate when matching high-quality head shots to a database of other frontal poses.But trying to identify a face from a video feed — especially using the ceiling-mounted cameras commonly found in stores — can cause accuracy rates to plunge. Studies have also shown that face recognition systems don't perform equally across race, gender and age — working best on white men and with potentially harmful consequences for others.Concerns about bias and growing scrutiny of policing practices following Floyd's death led tech giants IBM, Amazonand Microsoft to announce earlier this month they would stop selling face recognition software to police, at least until Congress can establish guidelines for its use. Several cities, led by San Francisco last year, have banned use of facial recognition by municipal agencies. 5490

A California attorney who was rescued after a fall in Joshua Tree National Park says he survived for five days with little water and supplies before being rescued.Paul Hanks of Santee, California drove to the park to hike on his 54th birthday last week. He had intended to spend half a day ‘"bouldering" before returning home.Hanks’ plans took a painful turn when he slipped and fell about 20 feet, injuring his leg.“It happened. I slipped and it was just, having not slipped in 45 years, it was instant and total shock,” Hanks said.Hanks crawled for miles, yelling for help. Eventually, he settled under a Joshua Tree for the night, hoping he could throw some loose dirt on himself for warmth. Hanks quickly ran out of food and supplies.“By the very first night, I was drinking my own urine. I had drank all of the water in my bottle and was refilling my bottle with my own urine.”Hanks said the decision saved his life. He later found rainwater to drink and ate a cactus.“It gave me some physical energy and it gave me some hope and it made me believe this is giving me the 24 hours I'm looking for,” said Hanks.On Hanks’ fifth day in the park, search and rescue teams found him.“These three angels appeared out of nowhere and I was... I was shocked,” Hanks said. “I just couldn't believe it. I didn't want to say I had given up. Multiple times I had written myself off as dead. That I was never going to see another human being again and they showed up.”The rescue team gave Hanks Gatorade and took him to safety. Hanks is being treated at Desert Regional Medical Center in Palm Springs. Family members say he’ll have several surgeries for fractures on his leg, heel, forehead and pelvis. Hanks is expected to make a full recovery. 1762

A federal judge ruled Monday Pennsylvania’s Governor Tom Wolf’s COVID-19 pandemic restrictions are unconstitutional.Four counties in the state filed a lawsuit claiming the governor’s orders closing non-life-sustaining businesses and limiting outdoor gatherings, and stay-at-home orders were unconstitutional. They stated the orders were "arbitrary, capricious and interfered with the concept of 'ordered liberty' as protected by the Fourteenth Amendment."Plaintiffs included hair salons, a drive-in theater, other businesses, as well as state representatives and congressman Mike Kelly.In his ruling, the judge says the governor’s actions likely had good intentions, “to protect Pennsylvanians from the virus," but that "even in an emergency, the authority of government is not unfettered."U.S. District Judge William Stickman IV ruling reads, “"(1) that the congregate gathering limits imposed by defendants' mitigation orders violate the right of assembly enshrined in the First Amendment; (2) that the stay-at-home and business closure components of defendants' orders violate the due process clause of the Fourteenth Amendment; and (3) that the business closure components of Defendants' orders violate the Equal Protection Clause of the Fourteenth Amendment."In his written opinion, Judge Stickman continued his explanation of his ruling."There is no question that this country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment. The constitution cannot accept the concept of a 'new normal' where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures,” Stickman wrote."Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by defendants crossed those lines. It is the duty of the court to declare those actions unconstitutional." 2007

A large transformer was on fire in Texas City, Texas, near Houston on Tuesday, sending thick smoke miles into the air. It is unknown what sparked Tuesday's fire. Texas City officials were on the scene of the fire. No injuries have been reported. "At this time we are aware of an electrical transformer fire at the Centerpoint facility near FM 517 and HWY 146," Texas City government tweeted. "All personnel are accounted for. No Injuries. Please stay clear of the area." 493

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