Petition Closed

We are seeking justice for police abuse victim Kyle Howell. Help us demand justice from the Nassau County District Attorney, the Nassau County Police Department, and the Courts.

A grand jury for the County of Nassau voted to indict Officer LoGuidice on two counts of Assault in the Second Degree and one count of Assault in the Third Degree for the brutal beating of Kyle Howell.  Mr. Howell had been arrested and charged with felony assault upon both Officer LoGuidice and Officer Gomez, as well as other related charges, all charges against Mr. Howell have been dismissed.  A video surveillance recording from a nearby store recorded the entire incident, clearly displaying Officer LoGuidice’s beating of Mr. Howell as well as Officer Gomez’s actions of acting in concert with, and assisting Officer LoGuidice while he brutally attacked Kyle Howell.  

The family, friends and supporters of Kyle Howell and concerned citizen have written letters to both Nassau County District Attorney Kathleen Rice and the United States Attorney for the Eastern District of New York Loretta Lynch asking for continued investigations.  

As the grand jury presentment is sealed, there is no way to know what charges were presented for the grand jury to consider.  Thus, we have asked the United States Attorney for the Eastern District of New York Loretta Lynch to investigate how it was that Officer Gomez was not indicted when he is clearly seen in the video acting in concert with Officer LoGuidice.  We have also asked for an investigation into whether or not the grand jury was presented with the signed felony complaints of Officer LoGuidice who swore that both he and Officer Gomez were the victims of felony assaults, swearing that he and Officer Gomez sustained physical injuries and received medical attention as a result of being the victims of assault perpetuated by Kyle Howell.  Furthermore, upon information and belief, both officers were on sick leave for weeks even though the video surveillance recording of this incident shows both officers bending down, climbing into Mr. Howell’s vehicle, and moving around with ease and agility, displaying no signs of injuries whatsoever.  The video clearly shows that back up officers were not called to the scene, that the officers remained on the scene for a minimum of forty minutes after assaulting Mr. Howell and, that when the EMT personnel arrived on the scene the officers did not seek any medical assistance. 

Specifically, the felony complaint signed by Officer LoGuidice which charges Kyle Howell with Assault in the Second Degree attests that Kyle Howell punched and kicked both Officer LoGuidice and Officer Gomez violently.  Troubling though, the video surveillance clearly shows Officer Logiudice punching and using his flashlight as a weapon; he is not the recipient of any physical contact and he is not seen reflexively reacting to any contact.   

It is unknown whether or not the grand jury was presented with evidence of the officers’ false statements attested to in the felony complaints, but clearly such matters are of great concern to our citizenry as a whole.  

We are continuing to request that the United States Attorney’s office conduct a federal civil rights investigation. 

What permeates throughout this County, is the lack of discipline and response to its’ officers’ unlawful behavior.  This County has allowed misconduct to go unchecked and has continuously permitted the type of brutality which has occurred here and has occurred in numerous other cases.  The County’s lack of response has fostered this behavior and the County’s failure to control and discipline the unlawful acts of its police force has not only encouraged this conduct but has openly welcomed and approved of such conduct by its police force.  

Undeniable proof of the County’s policy of positively reinforcing unlawful conduct, is the County’s failure to discipline any of its officers for the unlawful acts of disorderly conduct, inciting a riot, divulging lawfully sealed information, and abuse of authority.  

Neither the County Executive himself nor the Police Commissioner has acted upon the troubling display exhibited by the Nassau County Police Department and the Department’s PBA President on the morning of June 3, 2014 in and around the Nassau County Court.   

Besides committing the unlawful acts of disorderly conduct and acting like the disturbing mob which they were, officers, who are depicted on video footage, held up signs and openly revealed information regarding Kyle Howell’s legally sealed court files.  Such acts are in clear violation of Criminal Procedure Law § 160.50 and should not be tolerated by anyone, let alone those who we employ to defend the law. 

Moreover, the PBA website blatantly and openly displays a photo with an individual holding two signs revealing the sealed information.  

Importantly, Criminal Procedure Law Section “serves the laudable goal of insuring that one who is charged but not convicted of an offense suffers no stigma as a result of his having once been the object of an unsustained accusation” (Burr v. Goord, 283 A.D.2d 891, 893, 725 N.Y.S.2d 151, 153 (2001) quoting Matter of Hynes v. Karassik, 47 N.Y.2d 659, 662, 419 N.Y.S.2d 942, 393 N.E.2d 1015. 

Furthermore, the officers who came to protest, albeit claiming to be there in support of the officer being arraigned on the assault charges, blocked the entrance to the 3rd Floor courtroom, the surrounding hallway, and entrances to other courtrooms.  They presented and were a clear fire hazard and safety violation and concern.  Individuals are of course permitted to assemble and assert their First Amendment rights, however these officers were permitted to circumvent the rules of conduct for the courts of this State.  Nassau County PBA president James Carver stood up on a bench, loudly chanted, held his hands high to encourage the crowd to chant along with him and, the crowd was in fact permitted to chant loudly within the corridors of the 3rd floor of the County courthouse.  

These actions amounted to reasonable cause to believe that this individual was inciting a riot, the acts clearly amounted to disorderly conduct and such acts intimidated the Court, its staff, attorneys, litigants, the victims, and their families. The officers inside and outside the courtroom even applauded loudly when Officer LoGiudice was brought into the courtroom disrupting the proceedings throughout the courthouse.  Trials were delayed, pleas were deferred, and Court Officers were brought up from District Court to assist with crowd control effectively causing delays in that building as well. 

No other group would have been permitted to display such behavior in and around the Nassau County Courthouse.  Furthermore, all of the officers who came to protest, entered the courthouse with weapons and by showing their badges when in fact the PBA president himself stated that the officers who were all there were in fact off-duty.  Allowing the officers to enter a courthouse in such a manner only perpetuates and condones the abuse of power and authority which was so flagrantly displayed that day in the courthouse.

We are calling for an investigation into the misconduct on all levels, we are asking for an investigation into the grand jury process as it related to Officer Gomez and as it relates to the false statements sworn to by Officer LoGiudice, we are asking for an investigation into the  unlawful acts of disorderly conduct and attempting to incite a riot by the PBA president himself, we are asking for an investigation into the PBA’s posting on the website of information which is lawfully sealed pursuant to CPL Section 160.50, and we are asking for answers from the County Executive and Commissioner themselves as to how it is that such acts are permitted, condoned and, fostered, how it is that these officers were permitted to take weeks of paid sick leave for injuries which were never sustained, or if sustained were the result of their own brutality, how it is that rogue officers are permitted to permeate and infect the entire police force who we look to and rely  upon to uphold the constitution of this State and of these great United States.  Citizens of this County want answers.

Nassau County Chapter,

National Action Network

 

Please visit www.nassaunan.org for full details and links to media coverage.

This petition was delivered to:
  • • New York State Attorney General Eric Schneiderman
  • • United States Attorney General Eric Holder


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