ROCKVILLE CENTRE, N.Y. (CBSNewYork) — A tense struggle caught on cellphone video involving a pair of Long Island brothers and a police officer led to the officer being charged with assault.

Now, that video has been made public and he says it proves he did nothing wrong.

As CBS2’s Carolyn Gusoff reported, it’s clear tempers were flaring when the cellphone video was rolling. What’s not clear is who is in the wrong.

“The police officer was under attack,” said William Petrillo, the attorney for Rockville Centre Police Officer Anthony Federico.

“You are looking at a police officer who lost control. He just lost it,” said Joseph Dell, the attorney for the Kavanagh brothers.

One video shows two very different takes on what happened.

Watch the full video of the incident:



Federico’s attorney says he responded alone to a bar brawl when he was set upon by violent drunks. He says the officer was justified against the aggressive and defiant brothers, Kevin and Brendan Kavanagh.

“Strike, resist, use force and assault a uniformed police officer who ironically was there trying to help them,” Petrillo said.

But it’s the veteran officer who faces assault charges for allegedly using excessive force in the incident a year ago.

Kevin ended up with a gash to his head after being struck with the officer’s Taser gun.

“Officer Federico attacked three innocent people, injured all three,” Dell said. “I see officer Federico punching, throwing upper cuts with a Taser in his hand.”

The officer claims seconds before the recording starts, Kevin struck him in the face and refused his orders.

“The same individual who struck him in the side of his face is the same individual who grabbed him behind his neck, grabbed his arm and was using force to try to control the police officer,” Petrillo said.

Brendan then appears to kick the officer.

“They didn’t do anything wrong,” Dell said.

While a Nassau County grand jury indicted Federico, the Rockville Centre Police Department stands behind him.

He faces up to seven years in prison if convicted.

The officer’s defense pointed out that Kevin had a .20 blood alcohol level and cocaine in his system. His attorney said it’s irrelevant, because he was not driving.