A New York City Police Department officer received a felony conviction for strangulation and a misdemeanor conviction for employing a prohibited chokehold on Thursday. This marks the first instance an NYPD officer has been found guilty under the city's 2020 ban on specific restraint tactics, a law established following the 2020 murder of George Floyd by Minneapolis police Officer Derek Chauvin.
Officer Omar Habib was convicted of the misdemeanor offense related to the forbidden restraint and also found guilty of second-degree felony strangulation and third-degree misdemeanor assault. The felony strangulation charge carries a maximum penalty of seven years in state prison. Bronx Criminal Supreme Court Judge Cynthia Isales ordered that Habib be held without bail.
Habib, who had been on unpaid suspension, was terminated from the police department immediately after his felony conviction. He had served with the NYPD since 2007. The department stated that his termination was legally mandated.
Details of the Incident and Trial
The incident leading to the conviction occurred on July 28, 2023, when Habib was responding to a 911 call at a catering hall in the Bronx. According to Bronx District Attorney Darcel Clark, a man who was intoxicated and disruptive resisted arrest. Prosecutors presented evidence that Habib applied a chokehold so forcefully it restricted the man's breathing and blood circulation, causing him to lose consciousness.
During the trial, Habib’s defense counsel contended that other factors, such as consuming alcohol without adequate food, could have contributed to the man’s unconsciousness.
Officer's Disciplinary History
Before his arrest and subsequent conviction, Officer Habib had a documented history of substantiated complaints regarding misconduct, including allegations of excessive force and misuse of authority.
The Civilian Complaint Review Board (CCRB) previously substantiated an allegation that Habib used a chokehold during a separate encounter in 2017. Additionally, he faced accusations of perjury and evidence tampering in connection with a 2016 gun raid, which led several defendants to withdraw their initial guilty pleas.
Union Reaction and Broader Context
Patrick Hendry, president of the Police Benevolent Association of the City of New York, issued a strong condemnation of Thursday's verdict.
The officer's conviction was
