Bronx Trial Begins for NYPD Officer Charged Under Chokehold Ban

Jury selection has commenced in the Bronx for the trial of NYPD Officer Omar Habib, who stands accused of violating a 2020 city law that prohibits police from using restraints that restrict an individual's ability to breathe. This proceeding represents the first time the local ordinance, passed in the wake of George Floyd’s 2020 death, has been tested in court.

Habib has entered a plea of not guilty to charges including second-degree strangulation, criminal obstruction of breathing, assault, and the use of an unlawful restraint method. The most severe charge, second-degree strangulation, is a class D felony that carries a potential seven-year prison sentence.

The charges stem from an incident on July 29, 2023, at a catering hall on Eastchester Road. According to the Bronx District Attorney’s office, Habib was responding to a report of an intoxicated individual involved in a physical altercation. Prosecutors allege that during the subsequent arrest, Habib applied a chokehold that caused the man to momentarily lose consciousness. Body-worn camera footage, which a judge has ruled admissible for the trial, reportedly captures the interaction and the officer’s remarks following the encounter.

Legal experts note that the case serves as a significant test for the 2020 legislation. While the law was previously challenged by police unions, it was ultimately upheld by the state’s highest court. Steven Wasserman, an adjunct associate professor at the John Jay College of Criminal Justice, suggested that while such prosecutions may deter excessive force, they also present challenges in distinguishing between lawful and unlawful conduct during volatile arrests.

Habib, who joined the department in 2007, has a documented history of civilian complaints. Records from the Civilian Complaint Review Board indicate that five of the seven complaints filed against him were substantiated. His disciplinary record includes a 2017 incident involving excessive force and a chokehold, which resulted in a $744,000 settlement, as well as a 2009 suspension for excessive physical force. He is currently assigned to a unit responsible for monitoring public housing surveillance footage.

As of this week, Habib’s defense counsel had not provided a public statement regarding the upcoming proceedings.