Officers accused of using excessive force; but officials say 'you don't have the right to resist'

GREENFIELD -- Greenfield police are getting heat for a traffic stop conducted in February. The suspect says the officers used excessive force when they pulled him over. Now, department officials are sharing their side of the story.

On Saturday, Feb. 24, Greenfield police pulled over a driver for having a missing and expired license plate. The officer then learned the driver had a revoked license -- and wasn't wearing a seat belt. The officer issued several tickets and a stern warning -- get a ride home because if I see you driving again, your car will be towed. Ten minutes later, the officer and driver met again on the road.

Instead of pulling over right away during a second encounter in one night with police, the driver, Tevin Gagliano, continued on for several blocks. He then turned into a gas station. That is when the situation escalates.

Dash cam video shows Gagliano sticks both hands out of the window and words were exchanged between him and the officers.

Gagliano eventually got out of the car -- and in a matter of seconds, things got physical.

The 23-year-old man was handcuffed on the ground. Gagliano tells FOX6 News the dash cam video is proof he was not being combative -- and is a victim of police misconduct. He declined, however, to do an interview.

Greenfield Police Captain Sean Licht disputes Gagliano's complaint.

"When they had their hands on this gentleman, they felt tension, they felt him pulling away. You can't necessarily see that on video," said Licht.

In fact, Licht praises his officers for how they handled the tense moments.

"We teach our officers to end these things as quickly as possible to prevent future injury," Licht said. "We train to take people to the ground, and we do it at a controlled rate."

The department now has a message for Gagliano and the public.

"Even if you do feel you are being pulled over wrongfully, you don't have the right to resist," Licht said. "There is a time and place for you to contest that. And that's court."

Gagliano has since been charged with failing to stop and resisting an officer. He said he is seeking legal advice, but his end goal is just to get those charges dropped.

Below is Gagliano's full statement of what he says happened. It was written in a letter to community activist Tory Lowe.