MINEOLA, N.Y. (AP) - A man who claims he was kicked and punched by two undercover police officers during a traffic stop caught on video failed to obey the officers’ orders and resisted arrest, the head of the suburban New York police union said Wednesday.
The video, which was obtained by attorneys for the suspect from a Westbury business near where the traffic stop happened, has prompted an investigation by both the Nassau County district attorney and the police department internal affairs unit. Police officials aren’t commenting, citing the ongoing investigation.
The officers were identified in court records as Vincent LoGiudice and Basil Gomez.
PBA President James Carver said at a news conference that both are highly decorated officers with “excellent service records.” He said neither has returned to work because of “line of duty injuries.”
The 20-year-old suspect, Kyle Howell of Westbury, had previous encounters with law enforcement, and Carver faulted Howell for not complying with police instructions.
“These two police officers acted in a way, professionally, to try to place the subject under arrest as provided by law,” Carver said. “This subject repeatedly refused to comply with the police officers’ orders.”
Howell’s attorneys have confirmed he has prior arrests for marijuana possession and petit larceny.
Howell and his attorneys released a copy of the video last week. He was arrested April 25 on charges including resisting arrest, marijuana possession and tampering with evidence. He has pleaded not guilty.
The video depicts the officers stopping Howell’s vehicle and speaking with him briefly. The view of Howell is obscured by a reflection off the windshield, but the officers are later seen punching and kicking someone inside the vehicle. Howell has said he was reaching for his paycheck as it started to fly out the open passenger door. Police have said he was trying to swallow a bag of marijuana, which Howell denies.
“What’s not seen here in the video is what the struggle is going on inside that car with the police officers, the reaching, the potential that there could be a weapon inside that car that he’s reaching for,” Carver said.
Howell’s attorneys said he has had surgery to repair an injured eye.
On Tuesday, Howell’s attorneys requested that charges be dropped. A judge said he would review the video before making a ruling next Monday.
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