Nassau cop Vincent LoGiudice has 1 of 2 felony counts dismissed

The partner of a Nassau police officer accused of beating a motorist described the encounter as a "fast-moving, violent struggle" in testimony Friday that followed a judge's dismissal of one of the charges.

Officer Vincent LoGiudice, 35, now faces two assault counts -- one felony and one misdemeanor -- linked to the April 2014 Westbury car stop that a store's outside surveillance camera recorded.

In dismissing a second felony assault charge, acting State Supreme Court Justice Patricia Harrington in Mineola said the evidence didn't prove LoGiudice struck motorist Kyle Howell with a hard object.

In his testimony, Officer Basil Gomez, 46, said the struggle started after he heard LoGiudice shout, "Hands, hands, show me your hands!" and run from the rear of Howell's Honda to the passenger side.

Gomez said he saw marijuana in Howell's glove box when the driver opened it to get registration and insurance cards. Gomez testified he then saw LoGiudice lean into the car's passenger side but didn't see what he was doing because he was watching Howell.

The prosecution contends LoGiudice grabbed Howell's phone -- which was recording the officers -- and shut it off while walking to the car's rear.

Howell testified earlier that Gomez threatened Howell with physical force during a January 2014 car stop if Howell recorded him again. But Gomez Friday denied making that threat, and described Howell as having "many, many contacts and encounters with police."

Prosecutors contend LoGiudice used excessive force, striking Howell at least 18 times, including punching him in the face, as Gomez straddled Howell.

The defense says LoGiudice used necessary force to stop a threat he thought could be deadly after Howell lunged across the car's seat. Howell has testified he dived across the car because he was trying to get rid of the marijuana so his probation for a felony conviction wouldn't be revoked.

Gomez, who wasn't charged in the case, testified he jumped on top of Howell after he saw him swinging at LoGiudice with his right hand and reaching under the passenger seat with his left, ignoring orders to put his hands behind his back.

"He was kicking, writhing, trying to throw me off him. . . . The only thing I can think is that there's a weapon under the seat," Gomez told defense attorney William Petrillo.

Gomez said he hit Howell more than once at the same time LoGiudice was striking him while the officers struggled for control. Gomez told Petrillo the violence ended after LoGiudice immobilized one of Howell's arms and made contact with a pressure point under Howell's nose to get his head to go back.