Prosecutors have suggested 51 months in prison for former Suffolk chief of police James Burke.
The U.S. Attorney says Burke deserves the 'high end' or maximum sentence for beating a suspect.
Burke has asked for leniency since his mom has lung cancer and relies on his car.
However, U.S. Attorney Robert Caspers says in all criminal cases family members suffer. He added that it is one of the "risks" you face when you commit a crime.
Burke is set to be sentenced tomorrow.