NYPD officer with prior misconduct history is facing termination and possible jail time for a chokehold incident.
A police officer from the Bronx, who has a documented history of previous misconduct allegations, now faces both criminal charges and potential job termination following a recent incident. Officer Omar Habib, who was previously implicated in a settlement that cost the city 4,000, is accused of using a chokehold while attempting to subdue an individual at an Eastchester Road catering hall on July 28, 2023. The use of chokeholds has been forbidden by the New York City Police Department (NYPD) since 1993.
Habib’s upcoming departmental trial is set for Thursday at One Police Plaza, where NYPD prosecutors will present arguments asserting that the officer engaged in inappropriate restraint during the arrest of a visibly intoxicated man. Additionally, Habib is scheduled for a criminal trial in state Supreme Court in the Bronx, facing similar allegations that could occur as soon as next month. A local law introduced after the murder of George Floyd allows such incidents to be charged as a misdemeanor, which adds a new layer of legal challenge for the officer.
Bronx District Attorney Darcel Clark announced Habib’s indictment last year, detailing that the alleged actions of the officer resulted in the victim’s temporary loss of consciousness due to restricted breathing and circulation. Habib has entered a not guilty plea in response to charges including strangulation and criminal obstruction.
Body-worn camera footage from the incident shows Habib and colleagues engaging physically with the arrested individual in the back of an ambulance. Although the video footage does not definitively confirm the alleged chokehold, it does capture Habib questioning his own judgment in the matter, expressing self-reproach during a moment in his patrol vehicle.
Currently, Habib is assigned to modified duty, relieved of his firearm and badge, and is monitoring surveillance for the Viper Unit. Despite several requests for comments, neither he nor his legal counsel have issued any statements on these developments.
Officer Habib’s tenure with the NYPD began in January 2007, but his career has been marred by multiple disciplinary actions. His first significant disciplinary issue arose in September 2009, involving allegations that he struck a handcuffed suspect. Subsequent investigations led to additional probations and penalties throughout his service. Notably, prior to the chokehold incident, a settlement was reached over an unrelated case involving an individual named Dennis Prewitt, who alleged that Habib had choked him in an elevator during a separate encounter.
With the accumulation of allegations against him, including a pending review by the Civilian Complaint Review Board for another incident involving verbal harassment, Habib’s future with the NYPD remains uncertain as both judicial and departmental proceedings unfold. Observers underscore that the department had previously overlooked multiple opportunities to dismiss him based on his established history of misconduct. The outcomes of the upcoming trials and disciplinary hearings are anticipated to draw significant public interest amid ongoing discussions about police accountability and reform.
