Alleged victim in Nassau police brutality case questioned by defense

The prosecution's only witness in a Nassau police brutality case conceded Thursday he had broken the law during the car stop in question as a defense lawyer grilled him for a second day.

Kyle Howell, 22, of Westbury also told an attorney for Officer Vincent LoGiudice he believed police were out to get him when they pulled him over in April 2014.

"I wasn't really angry, more afraid," said Howell, who admitted to having marijuana and also tampering with that drug evidence during the encounter.

Howell previously testified before the grand jury that indicted LoGiudice, 35, and got immunity from prosecution. That happened after the motorist's family retrieved a video of the Westbury traffic stop -- captured on a store's surveillance system -- and gave it to the district attorney's office.

Howell also offered another explanation Thursday for why he reached out of the passenger side of the Honda he was in as he tried to get rid of a bag of marijuana so his probation wouldn't be revoked. He testified he was trying to show police his hands so they wouldn't think he was threatening them. Howell also insisted he didn't resist arrest.

"You were fighting to stop yourself from getting handcuffed?" defense lawyer William Petrillo of Garden City asked.

"That is not true," Howell replied, saying he also didn't raise his hands in a defensive manner.

LoGiudice faces up to seven years in prison if convicted of the top assault charge against him. Prosecutors contend he delivered at least 18 blows to Howell, including punches to his face. Howell suffered facial fractures.

The defense says the use of force was necessary because LoGiudice feared serious harm or death would come to him or his partner, Officer Basil Gomez, when Howell lunged across the car after the officers saw marijuana in the glove box and he struggled with police.

Howell also admitted Thursday to having briefly sold marijuana, and to memory problems after a 2011 car crash. The witness also said he believed police planted a piece of a plastic bag with cocaine residue in the Honda. Authorities have said the bag had DNA from a male in Howell's family, but couldn't link it conclusively to him.

The prosecution has rested its case and the trial continues today.