Judge to review video showing alleged police beating in Nassau

Kyle Howell, 20, of Westbury, said he was Kyle Howell, 20, of Westbury, said he was beaten by two Nassau County police officers who arrested him after a traffic stop last month. A Nassau judge said Tuesday, May 13, 2014, that he would review a video showing the encounter. Photo Credit: Handout / Barket, Marion, Epstein & Kearon

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A judge said Tuesday he will review a security video showing an encounter between two Nassau County police officers and a Westbury man who claims they beat him after a traffic stop last month.

Judge Alan Honorof of Nassau County Court in Mineola said he would watch the video before acting on a request by lawyers for Kyle Howell, 20, that the assault charges against him be tossed out.

"There is no reason why this case should not be dismissed," defense attorney Amy Marion told the judge.

Assistant District Attorney Daniel Looney said his office would make arrangements for the judge to view the video, and asked that the case be adjourned for three weeks so his office could continue its investigation of Howell's allegations. The judge said he wanted the case back before him sooner, and adjourned the case to Monday.

Howell had been free on $10,000 bail after his arrest, but the judge eliminated the bail and released Howell on his own recognizance.

The head of the union representing the two officers said they were highly decorated officers who acted properly.

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"While the officers were trying to place him under arrest, he continued to fail to comply with the police officers' request to show his hands," said James Carver, president of the Nassau County Police Benevolent Association.

"He kept reaching under the seat of his car, and his actions appeared to be actions of someone who was grabbing for a weapon," Carver said.

An attorney for Howell said the incident left him with a broken nose, fractures near both eyes, facial nerve damage and emotional scars. His attorney has filed a notice of claim with the county -- a precursor to a lawsuit -- saying Howell was the victim of false arrest and excessive police force and was deprived of his civil rights.

The officers are identified in court records as Vincent LoGiudice and Basil Gomez. They are on modified duty, and the police department has declined to comment.

Police alleged in criminal complaints that Howell kicked and punched the officers after they tried to retrieve marijuana he had put in his mouth. Howell denies fighting with police or having drugs.

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