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Family Of Man Shot By Police Pursuing Legal Action

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BINGHAMTON, N.Y. -

The family of the Glen Aubrey man shot by police in January is pursuing legal action. James Giacalone was shot in the face after police say he hit a State Trooper with his car. Giacalone went straight from Giesinger Medical Center to the Broome County Jail, where his sister Jamie McGinnis says he is not getting the medical attention he needs. 

Giacalone's public defender Michael Baker says he has communicated the family's concerns to the Broome County Sheriff. Attorney Ronald Benjamin met with McGinnis on Friday to gather information. He says McGinnis is looking to sue the Broome County Jail for withholding medical attention and New York State Police for excessive force. Nothing has been filed yet.

On January 2, State Police became involved in a pursuit with Giacalone who was wanted on an arrest warrant. The chase led to the corner of Conklin Avenue and Alfred Street in Binghamton, where troopers approached Giacalone's car on foot and attempted to arrest him. According to police, Giacalone accelerated suddenly and hit a trooper. That officer fired once, hitting Giacalone in the face, but he continued to flee the scene.

Giacalone was eventually arrested, taken to Wilson Memorial Hospital, and then transferred to Geisinger to be treated for his injuries. The trooper was treated and released at Wilson Hospital for leg and face injuries.

Two days later, Broome County District Attorney Steve Cornwell said the trooper who shot Giacalone was "justified" in his actions. On January 8, Giacalone was charged with two counts of attempted murder in the first degree.

Giacalone was arraigned in the City of Binghamton Court and taken to the Broome County Jail without bail.