Nassau cop testifies he used force in stop to overpower suspect

The Nassau police officer charged with beating a motorist during a 2014 Westbury car stop testified Monday he felt a "rush of fear" when he saw the man dive across the vehicle and reach under a seat.

"I believe he's going for some sort of weapon," Officer Vincent LoGiudice said from a county court witness stand in Mineola. "My purpose is to stop him . . . get control of him."

The officer's indictment followed the April 25, 2014, car stop of Kyle Howell, 22, of Westbury, that a store's surveillance camera recorded.

"When I start to strike him, he's swinging at me with his right hand," LoGiudice told defense attorney William Petrillo, saying Howell's left hand was under the passenger seat and he was ignoring orders to show his hands. "I'm thinking he's grabbing a gun," he added.

LoGiudice, 35, faces one felony count and one misdemeanor count of assault after a judge dismissed another felony charge last week. Howell suffered facial fractures in what prosecutors contend was an excessive use of force by an officer who dealt him at least 18 blows.

But LoGiudice, a cop since 2007, said he was trained to "exceed their level of force" if someone was resisting arrest. He also recalled previous interactions with Howell, including a car stop when he found a BB gun under Howell's seat and another in which Howell told him he'd been arrested for robberies in the past.

Howell has testified he didn't know marijuana was in the glove box of the Honda until he opened it to get registration and insurance cards. Howell, who had been recording police with his cellphone, also testified that LoGiudice's partner, Officer Basil Gomez, previously told him he'd use force to stop him if he recorded him again -- a threat Gomez denied in his testimony.

Prosecutors say LoGiudice took Howell's phone and turned it off after police saw the marijuana. Howell testified when LoGiudice started hitting him he had leaned to the passenger side of the car to rip up the bag of marijuana so his felony probation wouldn't be violated.

But LoGiudice said that while leaning into the Honda, he wasn't taking the phone, but moving his flashlight from one hand to another and putting it in his waistband. He said he found the phone in a cup holder after Howell was out of the car.

LoGiudice said he was walking to the driver's side to help handcuff Howell when he spun around because Howell dove across the car. He said he delivered knee strikes to Howell's face and upper body after hand strikes had "no effect" and Howell kept flailing and swinging.

LoGiudice said he also tried to hit Howell's right fist with his flashlight before again using his fists and knees to try to subdue Howell as Gomez tried to grab Howell's left arm. LoGiudice said the struggle ended after he pinned down Howell's right arm and made contact with a pressure point under his nose.

LoGiudice returns to the stand Tuesday so a prosecutor can proceed with his cross-examination.