A judge has denied a request from a former Delaware police officer to expunge records related to his arrest on assault charges for kicking a suspect in the head.

Thomas Webster IV, who is white, was captured on police dashcam video kicking Lateef Dickerson, who is black, in 2013. Dickerson, who was slow in responding to police commands to get on the ground, suffered a broken jaw.

Webster was acquitted by a jury last year but agreed to resign from the Dover police force in exchange for a $230,000 payment from the city.

A judge last week denied Webster's request, saying Webster had failed to demonstrate that he otherwise would be subject to "manifest injustice."

The judge nevertheless allowed Webster to submit a petition with specific allegations supporting his request.