NYPD judge suggests no disciplinary action for officer involved in fatal road rage shooting of unarmed man.

An NYPD administrative law judge has put forth a recommendation for the dismissal of disciplinary charges against Officer Wayne Isaacs, who fatally shot an unarmed driver, Delrawn Small, during a road rage incident in Brooklyn approximately nine years ago. The recommendation, issued by Deputy Commissioner for Trials Rosemary Maldonado, stems from the determination that the Civilian Complaint Review Board (CCRB) lacks jurisdiction in the matter because Isaacs was off duty at the time of the incident on July 4, 2016, in East New York.

Maldonado’s assessment is based on legal precedents that suggest prior cases allowing for the prosecution of off-duty officers involved explicit claims of police authority, a claim that Isaacs did not invoke during the encounter. This decision could effectively conclude the long-standing disciplinary proceedings, which had been set to proceed to trial just nine days later. Such a conclusion would occur after an extended legal battle involving seven separate police commissioners.

However, the CCRB has raised objections regarding the recommendation, highlighting an apparent contradiction. The board pointed out that Isaacs previously asserted he was acting as a police officer while seeking city legal representation in a civil lawsuit filed by Small’s family. CCRB officials expressed confidence that NYPD Commissioner Jessica Tisch would reverse Maldonado’s recommendation, allowing the case to move forward to trial.

The CCRB has further argued that Isaacs’ action of using his NYPD-issued service weapon during the incident constitutes an invocation of his police powers. The President of the Police Benevolent Association, Patrick Hendry, framed the case as a critical evaluation of the CCRB’s authority, suggesting that the agency’s overreach poses risks to the NYPD’s operational integrity.

Following the incident, Small, who was traveling with family members, confronted Isaacs after multiple aggressive driving maneuvers. The confrontation resulted in the officer shooting Small three times, leading to his death. The initial trial of Isaacs, conducted by the state Attorney General’s office, resulted in his acquittal of murder and manslaughter charges, with subsequent internal investigations by the NYPD clearing him of wrongdoing.

The case has now returned to Commissioner Tisch for review, adding yet another layer to the complex relationship between the NYPD and the CCRB. The situation remains under scrutiny, especially with public concerns surrounding accountability in cases involving police use of force, as Isaacs continues in his role within the department without any disciplinary history noted in the NYPD’s personnel records.