Shocking Verdict Could Change Policing Forever After NYPD Chokehold Ban

Liberty Check

• First NYPD officer convicted under controversial 2020 chokehold ban that police unions warned would criminalize law enforcement
• Officer Omar Habib faces up to seven years in prison after subduing a drunk, disorderly suspect who resisted arrest at Bronx catering hall
• Police union president warns every officer now at risk of criminal prosecution while anti-police propaganda makes fair trials nearly impossible

An NYPD officer has been convicted under the city’s controversial 2020 chokehold ban, marking a turning point that law enforcement advocates say could fundamentally change policing in America’s largest city. Omar Habib, who served since 2007, was found guilty of felony strangulation and using a prohibited restraint technique after responding to a violent suspect.

Habib was terminated from the police department following his felony conviction, which carries a maximum sentence of seven years in prison. Bronx Criminal Supreme Court Judge Cynthia Isales ordered him held without bail.

The incident occurred on July 28, 2023, when Habib responded to a 911 call at a Bronx catering hall. According to Bronx District Attorney Darcel Clark, a drunk and disorderly man resisted arrest, leading to the physical confrontation.

Prosecutors claimed Habib’s restraint was so tight it impeded the suspect’s breathing and circulation, causing him to lose consciousness. The defense argued other factors, including the suspect drinking without eating enough food, could have caused him to pass out.

Patrick Hendry, president of the Police Benevolent Association of the City of New York, strongly condemned Thursday’s verdict.

“Further proof of a grim reality: 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,” Hendry said.

The conviction stems from a 2020 city law passed in the wake of George Floyd’s death in Minneapolis, which sparked nationwide protests and demands for police accountability. The New York City measure criminalizes chokeholds and certain forms of pressure on an arrestee’s chest or back that compress the diaphragm during arrest attempts.

Police unions challenged the law, arguing it would make officers hesitant to use necessary force in dangerous situations. Despite their objections, New York state’s highest court upheld the ban in 2023.

While NYPD policy already prohibited chokeholds in most cases before the law’s enactment, officers who used them were rarely prosecuted. The most notable example was Officer Daniel Pantaleo, who lost his job but faced no criminal charges after a department disciplinary proceeding found he used a prohibited chokehold on Eric Garner during a 2014 arrest.

Habib had a history of substantiated misconduct complaints about excessive use of force and abusing his authority. The Civilian Complaint Review Board substantiated an allegation that he used a chokehold in a separate 2017 encounter.

He was also accused of lying under oath and tampering with evidence in a 2016 gun raid, resulting in several defendants withdrawing their guilty pleas. Before his conviction, Habib had been suspended without pay.

The case has ignited renewed debate about the balance between police accountability and officers’ ability to protect themselves and the public during violent encounters. Law enforcement advocates argue the law creates an impossible standard for officers facing split-second, life-threatening decisions.

Critics of the chokehold ban warn it could lead to more officers being prosecuted for using force during legitimate arrests, potentially making the streets less safe. They argue that the political climate surrounding policing has shifted so dramatically that officers can no longer expect fair treatment in the justice system.

Our freedoms depend on staying vigilant.