BROOKLYN - The lawyer for a man accused of stealing pizza from a Brooklyn restaurant says video shows that police responded with excessive force.

The lawyer, Amy Rameau, says her client, Thomas Jennings, attempted to surrender before he was beaten by at least two officers.

Jennings allegedly left a nearby New York Fried Chicken without paying for his pizza before police located him at a grocery store.

Rameau says Officer Pearce Martinez is shown in the video punching Jennings in the head while another officer strikes her client repeatedly with a baton.

Rameau says the criminal complaint alleges that Jennings went to the pizza place with another man who returned with a weapon. The criminal complaint does not indicate that Jennings was ever in possession of a weapon, she says.

The NYPD's Internal Affairs Bureau is reviewing the tape, and the district attorney's office is investigating.