Lawyer: Police 'Brutalized' Restrained N.Y. Man

GARDEN CITY, N.Y. (AP)  -- An attorney for the family of a man who died in police custody claimed Monday that an independent autopsy found officers had beaten the man while his hands were restrained.

WARNING: Extremely Graphic Image (Autopsy Photo)

Kenny Lazo, 24, died in April following his arrest on suspicion of dealing drugs.


Mona Rivera Reports

Suffolk County police said Lazo, of North Bay Shore, had cocaine and $2,400 in cash when he attempted to elude arrest. Deputy Inspector Robert Oswald, commanding officer of the county's Major Crimes Bureau, conceded at an April press conference that officers used their flashlights and ``struck him around his body'' while trying to handcuff him.

Lazo's death was ruled a homicide. But the county medical examiner's office said those findings did not imply any potential criminal responsibility or liability. The medical examiner also noted a contributing cause of Lazo's death was obesity.

Family attorney Fred Brewington, who wants an independent investigation, said Monday that a separate autopsy found Lazo had been beaten while his hands were restrained behind him.

``What happened here was a crime,'' said Brewington, who filed a notice of claim, the first step in a potential lawsuit against the county, in April. ``He was brutalized. He was terrorized.''

Brewington did not identify the medical examiner who performed the second autopsy, nor did he release the report or explain how he knew that Lazo was restrained when he was beaten.

County attorney Christine Malafi said Lazo resisted arrest, fought with officers and reached for an officer's gun.

``We extend our sympathies to Mr. Lazo's family, but we also recognize that police officers have the right to defend themselves when someone reaches for an officer's gun,'' Malafi said.

No weapon was fired during the skirmish.

Police Commissioner Richard Dormer said an investigation found the officers did not violate police department policies or state law.

``We stand behind their actions in defending themselves,'' he said.