NEW YORK (CBSNewYork) — The Bronx District Attorney’s office has deferred prosecution on a man accused of sexually assaulting an EMT as she responded to a fire in the Bronx.

It happened as firefighters battled a fire in a building on Westchester Avenue in the Soundview section on Thursday.

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The FDNY says a man claiming he needed help flagged down the EMT but then groped and grabbed her.

The woman’s partner came to her aid.

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The EMT’s union president calls the deferral “unacceptable.”

The DA says the case needs further investigation.

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