Bronx District Attorney Darcel D. Clark announced on Thursday, Aug. 8, that an NYPD officer has been charged with allegedly using an illegal chokehold while attempting to place a man under arrest. The chokehold allegedly caused the suspect to lose consciousness.

 

In the context of the announcement, Clark said, “The defendant allegedly violated his oath of office by employing a technique to subdue a suspect which is specifically prohibited under New York City law. Police officers must adhere to the law.”

 

Clark said the defendant, Omar Habib, 40, was arrested Aug. 8 and arraigned before Bronx Supreme Court Justice Brenda Rivera on second-degree strangulation, second-degree criminal obstruction of breathing or blood circulation, third-degree assault and unlawful methods of restraint. She said Habib was released on his own recognizance and is due back in court on Oct. 15.

 

According to the investigation, on the evening of July 29, 2023, the defendant, a police officer assigned to the 47^th Precinct, responded to a call at a catering hall on Eastchester Road. A man who was drunk and disorderly refused to be placed under arrest. The defendant then allegedly placed him in a chokehold so tightly, it impeded the man’s breathing and circulation resulting in his temporary loss of consciousness.

 

Prosecutors said this is the first indictment of a police officer in Bronx County under New York City Statute 10-181 entitled “Unlawful methods of restraint” that specifically applies to police officers.

 

The case is being prosecuted by Assistant District Attorneys Tyler Gibson and Jonathon Sizemore of the Public Integrity Bureau,  with the assistance of Assistant District Attorney Cassie Perez of the Public Integrity Bureau under the supervision of Allison Riesel, Deputy Chief, Public Integrity Bureau and  Omer Wiczyk, Chief of the Public Integrity Bureau, and under the overall supervision of Denise Kodjo, Deputy Chief of the Investigations Division and Wanda Perez Maldonado, Chief of the Investigations Division.

 

Clark thanked NYPD Sergeant James Dick and Detective Jexter Bonus of the NYPD Internal Affairs Bureau for their assistance in the investigation.

 

The defendant is presumed innocent unless and until convicted in a court of law.

 

Meanwhile, on Monday, Aug. 12, Emerald Garner, the daughter of Eric Garner, released an official statement following the arrest and indictment of Habib, the first officer to be charged under the Eric Garner Use of Excessive Force Bill, passed in 2020.

 

The bill, inspired by the tragic death of Garner’s father, Eric Garner, makes it a misdemeanor for police to use chokeholds or compress a person’s windpipe, carotid arteries, or diaphragm during an arrest.

 

Eric Garner was killed on July 17, 2014, after he lost consciousness when two New York Police Department officers confronted the 43-year-old African American father of six for illegally selling cigarettes, placing him in a chokehold. Garner died within hours of the incident, a video of which sparked outrage across the country.

 

Habib, a 17-year NYPD veteran, was charged for using the illegal chokehold during the arrest of the victim which took place in 2023, marking the first under the Eric Garner Excessive Use of Force Bill.

 

Emerald Garner has been a relentless advocate for police reform since her father’s death, pushing for significant policy changes. Her representatives said her efforts have kept the conversation about police accountability alive.

 

The Eric Garner Use of Excessive Force Bill was passed in New York State in 2020, shortly after the police killing of George Floyd. Emerald Garner continues to advocate for the national adoption of the bill.

 

Her representatives say the latest indictment underscores the need for widespread police reform and accountability, and Emerald Garner emphasized the importance of community involvement, education, and persistent advocacy to achieve meaningful changes in the justice system.

 

Earlier this year, we reported that the NYPD police commissioner had determined “no crime” by the officers involved in the fatal shooting of Kawaski Trawick, a controversial ruling that sparked outrage among the local community and family of the victim.

 

As reported, New York Attorney General Letitia James has opened an investigation following the death of of Eric Duprey in Fordham Manor in September 2023, at the hands of NYPD Sgt. Erik Duran of the Bronx Narcotics unit, sparking protests among the community.

 

Officials from the AG’s office said Duprey was struck in the head with a picnic cooler thrown by NYPD Sgt. Erik Duran at 2505 Aqueduct Avenue as Duprey was trying to flee from police on a motorcycle. Officials from the AG’s office said Duprey was pronounced dead at the scene and later released video footage of the incident. The video has also since been shared online by various news outlets.

 

Duran is deemed innocent unless and until convicted in a court of law.