NYC Police Officer Convicted Under Chokehold Ban Law

A New York City police officer, Omar Habib, has been convicted under a local law banning chokeholds, among other restraint methods, after a trial in the Bronx. This marks the first prosecution under the 2020 law enacted following George Floyd’s killing. Habib was found guilty of felony strangulation and misdemeanor assault for using a chokehold on a drunk and disorderly man during a 2023 arrest, which caused the man to pass out due to impaired breathing and circulation. The incident occurred while Habib was responding to a 911 call at a Bronx catering hall.

Judge Cynthia Isales of the Bronx Criminal Supreme Court ordered Habib held without bail. He faces up to seven years in prison and has been dismissed from the NYPD, having previously been suspended without pay. Habib’s attorney, Jacob Z. Weinstein, argued that the man’s passing out could have been due to other factors such as alcohol consumption without sufficient food. However, the prosecution, led by Bronx District Attorney Darcel Clark, successfully argued that Habib’s actions directly caused the man’s loss of consciousness.

The conviction underscores the legal repercussions for police officers violating the chokehold ban, a law challenged by police unions but upheld by New York’s highest court in 2023. Historically, NYPD regulations had already banned chokeholds in most cases, but prosecutions for their use were rare, as seen in the notable case of Eric Garner, who died in 2014 after a police chokehold without resulting criminal charges against the officer involved.

Patrick Hendry, president of a New York police union, criticized the verdict, stating it highlights the risk of criminal prosecution for officers and alleged pervasive anti-police sentiment, making fair trials difficult. In contrast, the conviction is seen by many as a step towards accountability for police misconduct, particularly given Habib’s past substantiated complaints of excessive force and authority abuse, including a previous chokehold incident in 2017.