NYPD Officer Convicted for Using Prohibited Chokehold
On Thursday, an NYPD officer was found guilty of employing a banned chokehold, marking the first such conviction since New York City’s chokehold ban was enacted in 2020 following the death of George Floyd at the hands of police in Minneapolis.
Omar Habib was convicted of a misdemeanor for violating the law against specific restraint tactics, as well as second-degree felony strangulation and third-degree misdemeanor assault.
The strangulation charge could result in a prison sentence of up to seven years. Judge Cynthia Isales, presiding over the Bronx Criminal Supreme Court, has ordered Habib to remain in custody without bail.
Previously suspended without pay, Habib was terminated from the police force—where he had served since 2007—due to this felony conviction, as mandated by law.
According to Bronx District Attorney Darcel Clark, police responded to a 911 call at a catering hall in the Bronx on July 28, 2023. An intoxicated individual was resisting arrest, and prosecutors stated that Habib applied such pressure that it restricted the man’s breathing and circulation, ultimately causing him to lose consciousness.
Habib’s defense claimed that other factors, like insufficient food intake and alcohol consumption, could have played a role in the man’s fainting.
Before this incident, Habib had a history of complaints regarding excessive force and abuse of power. In fact, the Civilian Complaint Review Board had previously confirmed allegations that he used a chokehold during another incident in 2017. He was also accused of lying under oath and tampering with evidence related to a 2016 shooting, which led to some defendants withdrawing their guilty pleas.
Patrick Hendry, president of the New York City Police Benevolent Association, expressed disapproval of the conviction, arguing that it reflects a troubling reality for police officers—being vulnerable to criminal prosecution at any moment. He indicated that persistent anti-police sentiment complicates their ability to receive fair trials.
Habib was charged under a 2020 city measure aimed at curbing police misconduct—a response to Floyd’s murder that ignited nationwide protests demanding racial justice and accountability in law enforcement. This legislation specifically criminalizes the use of chokeholds, as well as certain pressures on the chest or back during an arrest attempt.
Though police unions contested the law, it was upheld by the New York State Supreme Court in 2023. Interestingly, the use of chokeholds was already mostly forbidden by NYPD policy prior to the law’s passage, yet prosecutions for officers using such tactics were infrequent.
For instance, NYPD Officer Daniel Pantaleo was dismissed for using a prohibited chokehold on Eric Garner, who died in 2014 after repeatedly stating “I can’t breathe,” yet Pantaleo faced no criminal charges.
