Papers: Nassau officers engaged in false arrest, police brutality and violation of Tawheed Brennen's civil rights

A Nassau County detective struck and choked a handcuffed Central Islip man during his arrest in April outside a Baldwin grocery store, according to a notice of claim filed Friday in advance of a $1 million lawsuit against the county and the department.

The chaotic arrest of Tawheed Brennen outside of Gala Fresh Farms on Grand Avenue was captured on police body cameras and shows now-retired First Precinct Det. James Healy using his open palm to strike the side of the 22-year-old's head, momentarily putting his hands to the handcuffed suspect's throat and pulling on the back of his hair.

"It was barbaric. It was hostile. It was inappropriate," Kenneth Mollins, a defense attorney representing Brennen, said at a Hauppauge news conference Friday. " And it violated my client's civil rights."

The notice of claim, which also names Healey and five officers, alleges false arrest, police brutality and a violation of Brennen's civil rights. 

Police were called to the supermarket after Brennen left a bookbag inside the store containing a survival knife, an Airsoft gun and several pills. 

Authorities charged Brennen with resisting arrest, second-degree assault with intent to injure a police officer, second-degree obstructing governmental administration and fourth- and seventh-degree criminal possession of controlled substance. He was not charged with possession of the knife, which Brennen said is used for camping, or the gun, which he contends is used for paintball.

Nassau prosecutors dropped all criminal charges against Brennen this week, clearing the way for the civil suit. The Nassau District Attorney's Office declined to comment on why the charges were dropped.

Det. Lt. Richard LeBrun, a police spokesman, declined to comment Friday, citing the pending litigation. The Nassau Detectives Association, a labor union, also declined to comment. A message left at Healey's home was not returned.

On April 5, Brennen was visiting the Baldwin home of his mother, Trinidy Brennen, and went to purchase groceries for breakfast, Mollins said.

After arriving back at his mother's home, Brennen realized he'd left his bookbag at the store and returned to retrieve it. But when he arrived back at Gala Fresh, police were waiting and detained him. 

Criminal charging documents indicate Brennen attempted to flee from police after being told by officers to stop.

Three sets of body camera video, provided to the media by Mollins, show Healey and several uniformed First Precinct officers attempting to search a handcuffed Brennen who appears resistant and argues with cops that he has nothing in his pockets.

At one point during a scrum against the shopping carts outside, Healey puts his hand around Brennen's neck before the suspect is taken to the concrete.

"I felt scared," Brennen recalled Friday. "I didn't know what was going to happen. I was scared for my life."

 Healey can be heard telling Brennen: "You have to pay attention. You have to listen. And you have to do what you're told. You can't keep pushing back." 

Brennen asks for the officer's names while laying face first on the concrete screaming in pain, the video shows. Healey, who has his knee on Brennen's back, curses and says "we can stay here all day. I don't care," the video shows.

As the officers bring Brennen back to his feet, Healey is seen striking him from behind with his open right hand and pulling on his braids with both hands. Another officer grabs Healey by the arm and tells the detective to "let go. Let them get him." 

Brennen, who is heard repeatedly screaming for the officers to "stop pulling my hair," is then taken into a waiting patrol car.

 "You're not supposed to assault me or put your hands on me, especially if I'm not resisting," Brennen said at the news conference. 

The notice of claim indicates Brennen suffered cuts and bruises to his face and wrists, loss of patches of hair and psychological injuries. He also spent two days in jail before his mother posted bail.

The charging document alleges Brennen dug his fingernails into a detective's right hand during the struggle. The detective received treatment at Mt. Sinai South Nassau Hospital for a sprained right wrist. 

 A search of the bookbag found six anti-anxiety pills, one Adderall pill and residue from psilocybin mushrooms. Brennen said he purchased the bookbag at a thrift store and did not have knowledge of the drugs. 

Trinidy Brennen said she was told that Internal Affairs investigated the incident and cleared Healey and the other officers of misconduct.

"I won't say that all officers are bad because they're not," she said Friday. "But ... I'd like someone to pay for this."

Tawheed Brennen has previous arrests for burglary and criminal possession of stolen property and a December 2021 assault charge where he was sentenced to six months behind bars.

With Cecilia Dowd

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.