Officer who shot unarmed driver in road rage incident to stand trial, according to family.

The family of Delrawn Small, who was fatally shot nearly a decade ago by off-duty NYPD officer Wayne Isaacs, is calling for action from Police Commissioner Jessica Tisch to allow a trial against Isaacs to proceed. Relatives of Small, who lost his life on July 4, 2016, during a road rage incident in East New York, have expressed frustration over what they perceive as ongoing delays in seeking justice.

Since the shooting, Isaacs has remained a member of the NYPD, despite the serious allegations stemming from the encounter with Small. In a significant recent decision, an NYPD administrative law judge ruled that the Civilian Complaint Review Board (CCRB) did not have jurisdiction to conduct a trial against Isaacs because he was off duty at the time of the incident and not acting in an official police capacity. The Small family responded by stating that this ruling denies them justice yet again.

Family members highlighted a prolonged struggle to hold Isaacs accountable. Eric Eleam, a cousin of Small, noted that there have been seven police commissioners and two mayors since the tragic event occurred, accusing the city’s largest police union, the Police Benevolent Association (PBA), of consistently protecting Isaacs throughout the legal proceedings. Eleam pointed out that the officer’s defense has been largely funded by the PBA, which has argued that Isaacs was acting in his capacity as a police officer during both the criminal trial and the civil lawsuit. However, the assertion that he was off duty when he shot Small complicates the legal landscape.

On the day of the shooting, Small, who was unarmed, attempted to confront Isaacs after the officer’s vehicle cut off Small’s car multiple times. The confrontation escalated quickly; Isaacs shot Small three times when he approached the officer’s car, striking him in the chest. Isaacs has maintained that he acted in self-defense during this encounter.

In November 2017, Isaacs was acquitted of murder and manslaughter charges, a ruling that was followed by a departmental investigation that cleared him of wrongdoing a year later. However, in October 2020, the CCRB attempted to introduce a new disciplinary case against Isaacs, which faced obstacles due to legal maneuvering by his attorneys and the PBA preventing access to sealed records.

The NYPD had finally scheduled a disciplinary trial for Isaacs on November 19, 2023, but this has now been delayed following the recent ruling. Small’s family remains steadfast in their pursuit of justice, emphasizing a belief that Isaacs must answer for his actions on that fateful day. As they continue to advocate for accountability, the case remains a focal point within the ongoing dialogue about police conduct and oversight.