The Westbury man at the center of a felony assault case against a Nassau police officer is facing a felony charge himself after a recent incident in which the NYPD alleged he resisted arrest, court records show.
After his May 24 arrest, Kyle Howell, 21, was arraigned on charges including fourth-degree criminal possession of stolen property. Police allegedly found him with a 2003 Honda motorcycle whose owner said he noticed it missing May 22.
Last year, a grand jury indicted Officer Vincent LoGiudice, 35, on three assault charges for allegedly beating Howell during an April 2014 traffic stop in Westbury that a store's surveillance camera recorded. LoGiudice, then a seven-year force veteran, pleaded not guilty on June 3, 2014, as scores of Nassau police officers packed a Mineola court to support him.
"Can't say it comes as any surprise," the officer's attorney, William Petrillo of Garden City, said Wednesday of Howell's arrest. "The details in the complaint are indicative of aggressive, defiant and illegal conduct similar to his actions in the Nassau case that cannot be seen on the video."
But Howell's civil attorney, Amy Marion of Garden City, said his recent arrest had no bearing on what happened during the Westbury car stop.
"Any information regarding Kyle Howell's past and present activities and his lifestyle do not bear on the actual videotape, which clearly depicts the brutalization of my client by Vincent LoGiudice," she said.
Nassau police had alleged Howell tried to eat a bag of marijuana and a violent struggle started as LoGiudice and Officer Basil Gomez tried to retrieve evidence and arrest him. A judge later dropped the charges against Howell after a request from Nassau prosecutors, who started a probe after seeing the video.
Howell suffered a broken nose, fractures near both eyes and facial nerve damage, and Marion filed a notice of claim against the county and police alleging he was the victim of false arrest and excessive police force. Publicly, Howell denied having drugs or fighting police, but later told prosecutors he had marijuana during the car stop. Howell said he'd been worried about having it because he was on probation.
Manhattan prosecutors said Howell also faces misdemeanor charges of resisting arrest and obstructing governmental administration, along with a disorderly conduct violation.
An NYPD officer said he saw Howell on the motorcycle and Howell repeatedly tried to start it, despite orders to get off it. Howell then struggled and ran away from the officer as he was trying to handcuff him during the East 125th Street encounter, authorities said.
Nassau prosecutors declined to comment Wednesday.