A New York City Police Department officer was convicted Thursday on charges including strangulation and using a prohibited chokehold, marking the first conviction under a 2020 city law banning such restraint tactics.
Former NYPD officer Omar Habib was found guilty of felony strangulation, misdemeanor assault, and a violation of the city’s chokehold ban, according to Bronx Criminal Supreme Court records. The charges stem from an incident in July 2023, when Habib responded to a 911 call at a Bronx catering hall involving a drunk and disorderly man who resisted arrest.
Bronx District Attorney Darcel Clark stated that Habib placed the man in a chokehold so tight it impeded his breathing and circulation, causing him to lose consciousness. The officer was terminated from the NYPD following his conviction, as required by department policy. Judge Cynthia Isales ordered Habib held without bail, and he faces up to seven years in prison.
Key Details of the Case
Habib, who joined the NYPD in 2007, was previously suspended without pay after the 2023 incident. His conviction under the chokehold ban—enacted in 2020 in response to the murder of George Floyd by Minneapolis police—represents the first prosecution of its kind since the law’s passage. The felony strangulation charge carries a maximum sentence of seven years, while the misdemeanor assault charge could result in additional penalties.
During the trial, Habib’s attorney, Jacob Z. Weinstein, argued that factors other than the chokehold may have contributed to the man’s loss of consciousness, including alcohol consumption without sufficient food intake. The defense did not dispute the chokehold’s use but suggested its severity was misrepresented.
Officer’s History and Department Response
The NYPD confirmed Habib’s termination was mandatory under department policy following a felony conviction. His record includes prior substantiated misconduct complaints, including an allegation of using a chokehold in a 2017 encounter, which was confirmed by the Civilian Complaint Review Board. Additionally, Habib faced accusations of lying under oath and tampering with evidence during a 2016 gun raid, which led to the withdrawal of several defendants’ guilty pleas.
The NYPD stated that Habib’s actions violated both departmental protocols and the city’s chokehold ban, which prohibits officers from using chokeholds or placing weight on a person’s torso during an arrest. The law was challenged by police unions but upheld by a New York court in 2023.
Broader Context and Reactions
The conviction comes amid ongoing scrutiny of police restraint tactics and accountability measures following high-profile cases of police violence, including the 2020 killing of George Floyd. The chokehold ban was part of a broader set of reforms aimed at addressing excessive force by law enforcement.
Police union representatives criticized the verdict, framing it as part of a broader trend of criminalizing routine police work. Patrick Hendry, president of a New York police union, stated that the outcome reflected what he described as an unfair legal environment for officers, citing what he termed pervasive anti-police propaganda as a factor in the trial’s outcome.
The case also highlights the NYPD’s internal disciplinary processes, which require termination for officers convicted of felonies. Habib’s dismissal underscores the department’s commitment to enforcing the chokehold ban and holding officers accountable for violations of the law.