New Haven police and the Federal Bureau of Investigation are investigating a possible case of police misconduct involving a police sergeant.
Police said the investigation stems from an arrest in the Temple Street Courtyard during the early morning hours of Saturday, June 2, as bars were closing.
NBC Connecticut obtained exclusive video of the police incident, one of several videos witnesses took.
"All I seen was the cops swinging and punching him in the face from behind, actually,” said Devon Youmans, one of many people who pulled out a cell phone and started to record that morning.
He said police took things way too far.
“That was uncalled for definitely uncalled for all of that,” Youmans said.
The New Haven Independent reported on Monday that the chief of police ordered an internal investigation into Sgt. Chris Rubino, the sergeant accused of having a woman arrested after she used an iPhone to record him allegedly beating a handcuffed suspect. The woman, identified as Jennifer Gondola, put the cell phone into her bra.
The Web site obtained this video from the scene.
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A general order in New Haven allows residents to use cell phones to video record or photograph as long the act does not interfere with police work or safety.
New Haven police Internal Affairs Division started investigating on Monday morning, June 4. They said there is no presumption of misconduct and are awaiting the internal report from the investigators.
Arpad Tolnay, president of the New Haven Police union, said the facts will come out in time.
He said that the department is halting Rubino's investigation, which is a presumption of wrong-doing, despite statements to the contrary, and the department should have allowed the sergeant to continue the investigation.
On Tuesday, the FBI informed the New Haven Police Department that they had begun a preliminary investigation of the same incident.
The Independent, citing "someone close to the investigation" on Wednesday reported that the FBI wants to see Gondola's video and the investigation came about after seeing a photo on the Independent's Website that shows the officer's foot on the head of a handcuffed man he was arresting.
Tolnay responded to the image of the officer placing his foot on the suspect's neck and said he understands that the suspect was under control and this technique has been done in the past, has been effective, helps officers maintain control of the situation and keeps the suspect under control.
He said this would also allow police to keep an eye on the large crowd outside the bar.
He went on to state that "YouTube superheroes" have to keep in mind that there are certain limitations to recording officers and you cannot interfere, come within the safety zone of police and something captured on video can be evidentiary, so you run the risk of your phone or video of police being confiscated to further the case.
Police issued a news release stating that the investigations are independent of one another and the two agencies are cooperating.
