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Prosecutors: NYPD Officer Kicked Man In The Head During Brooklyn Arrest

NEW YORK (CBSNewYork) -- An NYPD officer was arraigned on assault and other charges for allegedly kicking a subdued man in the head during an arrest last summer.

Officer Joel Edouard, 37, did not speak during his brief court appearance Tuesday, letting his attorney enter a plea of not guilty to assault, attempted assault and official misconduct, 1010 WINS' Al Jones reported.

On July 23, 2014, Edouard and his partner tried to arrest 32-year-old Jahmiel Cuffee after they allegedly saw him drinking on the sidewalk and possessing what appeared to be marijuana on a Bedford-Stuyvesant street, prosecutors said.

Prosecutors: NYPD Officer Kicked Subdued Man During Brooklyn Arrest

Cuffee resisted arrest and tussled with the officers before more police arrived on the scene, prosecutors said.

A witness took a cellphone video which shows Edouard briefly point his gun at Cuffee and later stomping on his head as he was face down on the ground being handcuffed by other officers, prosecutors said.

Prosecutors: NYPD Officer Kicked Man In The Head During Brooklyn Arrest

After the arrest, Cuffee said he suffered scrapes, bruises and headaches. All charges against him were dismissed, WCBS 880's Alex Silverman reported.

"Police officers put their lives on the line every day to keep us all safe. However, this defendant allegedly stomped on the head of a suspect as he lay on the ground, which is unacceptable for a police officer," Brooklyn District Attorney Ken Thompson said in a statement. "While a serious matter, this indictment should not reflect on the great work being done throughout the city by the vast majority of police officers who perform their duties honorably."

As CBS2's Alice Gainer reported, Cuffee was not in the courtroom Tuesday.

Edouard was released on his own recognizance and is due back in court on March 24.

He has been put on desk duty and faces up to a year in jail if convicted.

His attorney denies the charges.

"The act, so-called kick, was part of the arrest process and to attempt to get his hand in custody so he could be handcuffed," attorney Stephen Worth said. "It's not a kick, we'll leave that for trial."

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