First NYPD Officer Convicted Under New Chokehold Law Faces Sentencing
A New York City police officer has become the first to be convicted under a local law prohibiting chokeholds and certain other restraint methods. The officer, Omar Habib, was found guilty of a misdemeanor created by this legislation, felony strangulation, and misdemeanor assault. He faces a potential prison sentence of up to seven years as reported by various news outlets.
Habib, who has since been dismissed from the New York Police Department, was previously suspended without pay. His conviction was handed down by Bronx Criminal Supreme Court Judge Cynthia Isales, who ordered that he be held without bail, according to the New York Daily News.
The incident leading to Habib’s conviction occurred in 2023 when he responded to a 911 call at a Bronx catering hall. According to Bronx District Attorney Darcel Clark, Habib used a chokehold on a disorderly and intoxicated man, restricting his breathing to the point of unconsciousness.
Habib’s defense attorney, Jacob Z. Weinstein, argued during the trial that factors such as the man’s alcohol consumption on an empty stomach could have contributed to his passing out.
In response to the verdict, Patrick Hendry, president of a New York police union, expressed concerns over the perceived risks of criminal prosecution faced by police officers. He stated, “every second police officers spend on this job puts them at risk of criminal prosecution, and pervasive anti-police propaganda has made it incredibly difficult to receive a fair trial,” as cited by the New York Daily News.
The law under which Habib was charged was enacted in 2020 following the death of George Floyd. It specifically criminalizes the use of chokeholds and other forms of pressure on a person’s torso during an arrest. Although challenged by police unions, the law was upheld by New York state’s highest court in 2023.
While NYPD regulations had already banned chokeholds in most situations, prosecutions were rare before this legislation. For instance, a police officer involved in the 2014 arrest of Eric Garner, who died from a chokehold, was dismissed but not criminally charged.
Habib’s record includes prior misconduct complaints related to excessive force and abuse of authority. In 2017, he was cited for using a chokehold, which later became a subject of news stories about the continued use of banned restraints.
Additionally, Habib faced allegations of lying under oath and tampering with evidence in a 2016 gun raid, which led to several defendants withdrawing their guilty pleas.
