the judge ruling that the use of force was justifiable because kyle howell was lunging for the car's glove compartment in a desperate attempt to get rid of marijuana that was stashed there. something howell admitted at trial. he stated that he knew that what he was doing could cause dangerous way, said the judge, yet he continued to do what he was doing, end quote. >> all the force used in this case was, in fact, reasonable, necessary, and justified under the circumstances. >> reporter: but howell was unarmed. and civil rights attorney fred brewington insists there's no justification for what happened to him. >> no matter what they said was going on, the force used on kyle howell was both inappropriate and illegal. >> reporter: joan howell is kyle howell's mother. >> since kyle, there's been many incidents, some reported, some unreported, some fatal, that continues to happen. >> reporter: the officer remains on desk duty but union leaders say he hopes to return to his regular job. the howell family has filed a civil suit and is demanding a federal civil rights investigation. live toni

the police officer while friends and family of the motorist, 22-year-old kyle howell, cried out "shame." supporters of kyle howl stormed out of the courtroom with answer raised, bitterly upset with the verdict clearing officer vincent logiudice in a case caught on videotape. >> we have a broken justice system which is evident throughout this country. not only in nassau county but throughout the united states of america. >> reporter: the judge ruled during a 2014 traffic stop logiudice did not use excessive force to sub due unarmed motorist kyle howl when he punched and kneed him 18 times. the officer's reactions were quote reasonable and necessary because howl disobeyed orders to show his hands and instead reached across the front seat to empty the glove box of marijuana, a movement that looked to the officer like howl was reaching for a weapon. happy day for police officer logiudice. it should be a happy day for nassau county because this police officer is a tremendous asset to the nassau county police department as well as the citizens of nassau county. >> reporter: today's acquittal

but for one that message was colored with disappointment for christopher lobe and kyle howell share a lawyer and a criminal past. but never met until sitting together today to deliver a joint message about alleged police misconduct. >> people may think i deserve it it. i didn't. loebs claim about a police beating in 2012 last week led federal investigators to arrest former suffolk police chief james burke. >> for ten hours i was in the room getting. i'm glad he's getting what he deserves. >> reporter: vindication is what kyle howell is still seeking. last week a nassau judge acquitted the county cop. howl claimed assaulted him during this 2014 traffic stop. >> the police beat me and now it seems that they're going to get away with it. >> reporter: howell's lawyer is now demanding that his case and all police brutality cases be reviewed by independent prosecutors. >> he could never make a broad statement like that. every case is an individual case. acquitted nassau cop insists his client exercised reasonable force in the howell case. and the lawyer for james burke has called loeb's sto

he is now being sued in federal court by kyle howell, who maintains his civil rights were violated. from nassau county criminal court in mineola, jennifer mclogan, cbs 2 news. >> howell was on probation for a burglary conviction at the time of the traffic stop. he was known to the officer. >>> breaking news in midtown tonight. a woman is dead an elderly man injured after an apparent suicide. police say a 56-year-old woman jumped from the third floor of this building at 903 first avenue this afternoon. after jumping, police say she old, walking on the sidewalk. he was injured and taken to a hospital. police are still investigating. >>> now to a developing story. another one of new york's most powerful politicians found guilty of corruption. this time, former senate majority leader dean skelos. cbs 2's tony aiello with the story in federal court in manhattan. >> what do you have to say to your constituents? >> reporter: dean skelos put a reassuring hand on his son's shoulder as they moved through a crush of cameras leaving court. do you find this embarrassing? the duo convicted on brib

. >> reporter: also as you said, allegations of police abuse, and today, kyle howell and christopher lowe held a joint press conference to discuss cases that are going in decidedly different directions. lobe of course is the man who claims he was beaten by former suffolk police chief after lobe broke into burke's car. he is now facing federal charges and being held in jail without bail. lobe said today, he's relieved and vindicated by the arrest, then there's kyle howell whose beating was captured on surveillance video. beating at the hands of one nassau cop, but on friday, a county judge acquitted that officer, saying he feared for his life during the traffic stop in which the beating took place. both howell and lobe said today that police misconduct must be stopped through more vigorous prosecution. >> people may think i deserved it, i didn't. and if you think it can't only happen to someone else's son, you're wrong. >> people make mistakes, and i have made more than my share. but i didn't do anything to deserve to have my bones in my face broken in multiple places, to have surgeri

. >> reporter: loeb insists that his case and the case of kyle howell are examples of police brutality that local prosecutors are unable to attorney william petrillo who defended officer logiudice says a federal investigation of his client is unlikely because of kyle howell's own admissions at trial. >> he knew the entire time that what he was doing would cause them to believe that he had a weapon or had reached for a weapon and concealed one and despite that, and despite continued commands to stop, continued in that conduct. >> reporter: he says a federal prosecution, even if it were mounted, would be unsuccessful. a spokesman for the u.s. attorney's office for the eastern district of new york which has jurisdiction here declined to comment tonight. live in mineola, long island, n.j. news. >>> turning now to weather, showers are on the way as we normal temperatures. meteorologist lee goldberg outside our studio on the upper west side with the timing of the rain and how much of it we can expect. lee. >> sade, october, the sequel, 60 degrees here, another warm night, not much wind out.

kyle howell and his attorney want the justice department to investigate his case, a beating on surveillance video. despite howell's injuries and his vision may be permanently impaired the county court judge found the officer in howell's case not guilty insisting howell refused to comply with police commands. both young men took questions from reporters this morning. although they had not met before they insisted that their cases are powerful examples of police brutality that local prosecutors are either unwilling or unable to prosecute fairly. >> the police beat me, and now it seems that they're going to get away with it. that is not right. i hope the federal prosecutor will investigate my case just like they inventoried chris'. and kyle, they can beat anyone. punishment for minor crimes is chief of police. >> former suffolk county police chief james burke is being held without bail on those charges. the officer in the nassau county case was acquitted at a friday. no word from the federal government as to whether they howell case. live in uniondale long island, n. j. burkett channel 7 eyewi

not only in nassau county with the case with my son kyle howell but throughout the united states of america. >> reporter: the judge ruled that during a 2014 traffic stop in westbury logiudice didn't use excessive force to subdue howell. the officer's actions were reasonable and necessary because howell disobeyed orders to show his hands and instead reached across the front seat to empty the glove box of marijuana. a furtive movement that looked to the officer like howell was reaching for a weapon. >> of course, this a very happy day for police officer logiudice. it should be a happy day for nassau county because this police officer is a tremendous asset to the nassau county police department as well as the citizens of nassau county.

supporters of kyle howell his friends and family walked out of the courthouse with their hands raised in protest, furious over the verdict. they simply couldn't believe what they had just heard in that courtroom, but the officer vincent logiudice claimed all use of force because howell lunged for the glove compartment of his car moments of 2014. now the judge agreed with the officer and his supporters who claim that there was a reasonable fear that howell was reaching for a gun and that howell had resisted arrest. to be clear, no weapon was ever recovered. >> he's looking forward to continuing his career and doing what he does best, protecting people in nassau county. he was and is a great police officer. >> when you blame the victim in a situation where it is clear that there was a beating going on. there was force that didn't need to be used and you beat this man with a flashlight and then say the video tape doesn't show, well, they say it on the evening news go to the videotape. >> in the words of judge it can come as no surprise to mr. howell that his actions would be perceived as

a judge ruled that although kyle howell suffered injury, he refused to -- to show his hands. >> this was a petty car theft and a petty marijuana offense. beeth of them were brutally beaten. >> disappointed about what happened in court. have made a better decision. hopefully that the federal investigation happens an justice will come. >> reporter: a judge cleared the officer because he said she followed protocol. attorneys for ex-chief burk said he's a heroin addict. jennifer mclogan cbs news. >> also a search for two grinches on long island. thieves dash up to a decked out holiday display on a lawn. in a matter of minute, they ran off with the 10-foot tall inflatable yule slide and a little bit of their holiday spirit as well. >> they shouldn't do that. they ruin the holiday. that's it. you can't -- we'll replace it and move it. >> it's just a shame that people can pass by -- can't pass by and enjoy. they have to touch and enjoy other people's things. >> reporter: with the it is, the family hopes someone will recognize the thieves. >>> update on a menorah vandalized near gracie mansi

but again, the judge in effect said that kyle howell touched off this entire incident by reaching toward his glove box at the beginning of this traffic stop, it turns out, he was trying to hide a bag of we're live this afternoon, greg cergol, news 4 new york. >> thank you. >>> new here at noon, score one for the new york attorney general. a judge has granted the ag's request to ban fantasy sports sites, fandual and draftkings from operating in the state. the sites allow players to compete against each other for money. new york has banned book-making and sports gambling since way back in 1894. draft kings and fan dual are fighting that litigation. >>> well dozens are in emergency shelters this afternoon after a massive fire destroyed their mes in the bron . ames jumped from building to building for hours overnight. we tracked the breaking sivituation this morning on today in new york. along valentine avenue near east 180th, lori bordonaro is live wi how people are coping after a massive fire, lori. >> reporter: rob, this fire consumed this row of nine homes here along valentine avenue, de

the driver, kyle howell, suffered facial fractures. the officer testified he thought howell may have been reaching for a weapon. >>> today divers will be back one a lake looking for possible evidence from the san bernardino massacre. the fbi is not saying exactly it's believed the shooters went there around the times of the killings. yesterday the first of the 14 people who lost their lives was laid to rest. she was an environmental health specialist. she was just 27 years old. >>> in connecticut, governor malloy says he'll act on his own to keep guns out of the hands of terrorist. he says he'll soon sign an executive otier that would call on police to che o the names of gun buyers to make sure they're not on the federal no-fly list. >> i think until two weeks ago, i was unaware that people w e allowed to buy weapons that were on this list. i was horrified. >> a gun rights group calls mathlloy's move un-american and shameful. turns out president obama plans to expand background checks on gun buyers. onofe of his top advisers says they'

the officer was accused of beating kyle howell during a traffic stop. defense attorneys said the use of force was reasonable because howell reached for his glove box, making the officer fearful for his >>> some scary moments at jfk airport. a qatar airways flight was forced to abandon a take-off as passengers watched live on tv screens. the passenger who captured this video said the aircraft self-aborted bringing the jetliner from more than 100 miles per hour to a screeching halt in roughly 15 seconds. no one was hurt. the passengers admit they were shaken up. airline officials say an indicator signaled the runway was too short. >>> it might be mid-december but it does not feel like it. people are taking advantage, the waves off of long island. here's more on how people are enjoying this mild almost winter weather. >> reporter: this is not file footage. it's mid-december, and spring is in the air in port hamilton. fishermen by the ocean and bikers and runners ointed t- shirts. >> to be honest with you, i really like it. >> reporter: i mean, who doesn't.

supporters of kyle howell, his friends and relatives walked out of the courtroom after it was announced furious and incredulous. they simply couldn't believe what they just heard but the officer claimed all along that he resorted to the use of force because howell lunged for the glove compartment of his car moments after a traffic stop in april of 2014. now in explaining her decision, judge patricia harrington insisted that the video, the surveillance video in this case does not tell the full story, how it was trying to get rid of marijuana in his car because he was on probation and did so knowing that it would have appeared threatening or provocative to the officer who claimed he had a reasonable fear that howell was reaching for a weapon in the glove to be clear, no weapon was ever recovered. reaction now from both sides. >> this is a mockery of the system that we call to be a justice system. it is not a justice system. it is injustice system. this is not what we expected to take place after a young man is beaten nearly within an inch of his life. >> there was no other verdict that wo

. >> reporter: kyle howell is talking about this. the broken bones in his face and his vision that may never be the same.

officer vincent logiudice is accused of beating kyle howell during a traffic stop last year. surveillance video appears to show him punching and kneeing the 20-year-old more than a dozen times. defense attorneys say it was reasonable because howell was reaching for his glove box making the officer fear for his life. >>> 6:37, you're never more than 7 minutes away from weather and traffic. meteorologist bill evans has your exclusive accuweather >> let's take a look outside, shall we? because the picture tells everything, a beautiful sunrise in progress. we're going to have a great day today. we're going to have a very warm day today. mild this morning, clouds and sun to start your day. sun's up officially after 7:00 as we look across the park here from our camera. today also we're going to see temperatures continuing to warm every day right through the weekend. we've got cloudy skies, good visibility here, 42 around paramus, 51 around the park, 45 around new city to 48 toward jersey. taking the ferries this morning, you're going to be looking at a nice ride this morning, comfo

officer vincent logiudice is accused of beating kyle howell during a traffic stop. surveillance video shows him punching and kneeing the 20- year-old more than a dozen times. defense attorneys say the use of force was reasonable because howell reached for his glove box making the officer fearful for his life. the charges against howell were later dropped. >>> four teenagers are in custody accused of punching a man in central park and robbing him at gunpoint. police believe the teens also behind two armed robberies in the park on monday night. the youngest suspect is just 14 years old. in the park this week, one of them happened yesterday morning. police do not believe it is connected to the other three. >>> the search is on for an armed and dangerous sexual predator in new jersey. police in hackensack have released this sketch of the man they are looking for. investigators say the predator stalked a woman after she got off a bus and attacked her near poplar avenue last month. the suspect held a q1 to the her. call police. >>> it is 5:52. still ahead on eyewitness new

prosecutors alleging that he and his partner used excessive the driver, kyle howell, suffering facial fractures. the officer testified he thought howell could have been reaching for a weapon. >>> today divers will be back in lake looking for possible evidence from the san bernardino an ssthre. the fbi won't say what they're d lotking for, but it's believed the shooters were there around the time of the killings. yesterday the first of the 14 people killed was laid to rest. e was an environmental health specialist, just 27 years old. >>> 5:09 now. the san bernardino massacre moving connecticut governor malloy to put new restrictions on gun sales. he says he'll soon sign an executive order. it would call on police to check check the names of gun buyers to make sure they're not on that federal no-fly list. >> until think two weeks ago, i was unaware tea people were allowed to buy weapons who were on these lists. ansod i was horrified. >> a gun rights group has called the white house also looking into ways to restrict gun sales. >>> we have a live look now at capitol hill. that's where la

say the officer was captured on surveillance video using his fist, knees and a flashlight to hit kyle howell at least 18 times during a traffic stop. police say he initiated the violence by kicking the officers when they allegedly tried to stop him from eating some marijuana. >>> new this morning, police have released video of a suspect in an office burglary in bronx. it happened november 28 just police say the suspect forced open the front door at a series of commercial billings. once inside, he entered a law firm and taking two laptops. >>> diver thes will continue to search a lake about three miles from the scene of the december 2nd massacre. investigators say the husband and wife team responsible for the attack visited the lake the day of the shooting. police believe they may have tossed evidence including a hard drive into the water. they say the search could still take several more days. >>> divers searched a lake in san bernardino as the investigation into last week's mass shooting continues. and the first funeral taking place as well. 14 victims in that shooting. and we will continue

kicking and punching 20-year-old kyle howard during that traffic stop did not give a full picture of events. the judge sided with the defense that he feared for his safety. howell's supporters want a review of that case. >> it is clear now that the u.s. attorney's office and the fbi needs to come in here and clean this sewer out. >> we do believe in a criminal justice system, and it worked. >> pba union chief says the officer hopes to continue his career. >>> long island, no bail today for the former police chief, james burke, facing federal corruption charges. prosecutors say he still has considerable power and influence over others in the department. burke faces charges that he assaulted christopher lobe and his next court date is set for january. >>> de blasio is recovering from surgery, resting at gracie mansion. he is expected to be back at city hall on monday. >>> coming up on news 4 new york, get ready for a citywide invasion. santa-con is about to kick off. the warning for people about to take part in the massive pub crawl dressed as old saint nick. >>my> and a truck driver tries to gamble with his life and nearly loses. what happened when he tried to bea