A New York Police Department officer has been convicted of strangulation and using a prohibited chokehold, marking the first such conviction under the city's ban on the tactic enacted after the 2020 death of George Floyd. Officer Omar Habib was found guilty Thursday by a jury of wrapping his arms around an arrested man's neck, causing him to lose consciousness on July 28, 2023.
Habib, who had been with the NYPD since 2007, was convicted of second-degree strangulation, a felony that carries a potential prison sentence of up to seven years, in addition to third-degree assault and unlawful methods of restraint. The conviction under New York City Statute 10-181, which makes chokeholds illegal for officers, is a misdemeanor.
According to Assistant District Attorney Michael Naughton, Habib and other officers were attempting to arrest Lord Nymaah at an Eastchester Road catering hall. Nymaah was reportedly punching bathroom mirrors and refused to be taken into custody. Prosecutors stated that Habib placed Nymaah in a chokehold that restricted his breathing and circulation, leading to his temporary loss of consciousness.
Habib's defense attorney, Jacob Weinstein, argued that the evidence did not conclusively show Nymaah lost consciousness due to Habib's actions, and that his client did not intend such an outcome. The defense maintained that Habib acted appropriately during the incident.
Following the incident, Habib was reassigned to the PSA 5 Viper unit, responsible for surveillance footage in NYCHA complexes. He was officially dismissed from the department Wednesday, according to the NYPD. An internal investigation was initiated immediately after the incident and referred to the Bronx District Attorney’s Office. The department confirmed that a criminal conviction of a felony results in a uniformed member vacating their civil service title and termination as a matter of law.
Patrick Hendry, president of the Police Benevolent Association, criticized the verdict, stating that it exemplifies the risks officers face and the difficulty of receiving a fair trial amid "pervasive anti-police propaganda." The union plans to support Habib's appeal.
Habib, who was initially indicted in September 2024, was ordered held on Rikers Island pending his next court date on September 10 for defense motions.