Omar Habib, a former New York City police officer, was convicted Thursday of strangulation, assault and using a prohibited chokehold during a 2023 Bronx arrest. The case is the first conviction of an NYPD officer under New York City’s 2020 law banning chokeholds and related restraint tactics. Habib faces up to seven years in prison on the felony strangulation charge and was ordered held without bail. He was terminated from the department after the felony conviction.
| 1) | Verdict and potential sentence |
| 2) | The Bronx arrest and disputed restraint |
| 3) | Habib’s disciplinary history |
| 4) | The law’s origins and legal impact |
| 5) | Police union response and department action |
Verdict and potential sentence
A Bronx criminal court jury found Omar Habib guilty of the misdemeanor created by the city’s ban on prohibited police restraint tactics. He was also convicted of second-degree felony strangulation and third-degree misdemeanor assault. Bronx Criminal Supreme Court Judge Cynthia Isales ordered Habib held without bail after the verdict.
The felony strangulation conviction carries a maximum sentence of seven years in prison. The verdict represents the first conviction of an NYPD officer under the city law enacted in 2020 after the death of George Floyd during an encounter with Minneapolis police officer Derek Chauvin.
The Bronx arrest and disputed restraint
The incident occurred on July 28, 2023, at a catering hall in the Bronx. Habib was responding to a 911 call involving a man described as drunk and disorderly. Prosecutors said the man resisted arrest and that Habib applied a chokehold during the struggle.
According to the prosecution, the restraint was tight enough to interfere with the man’s breathing and circulation, causing him to lose consciousness. Habib’s attorney challenged that account during the trial, arguing that alcohol consumption combined with not eating enough food could have caused the man to pass out. The jury nevertheless found Habib guilty of the three charges.
Habib’s disciplinary history
Before the arrest, Omar Habib had a record that included substantiated complaints involving excessive force and abuse of authority. The Civilian Complaint Review Board substantiated an allegation that he used a chokehold during a separate encounter in 2017.
Habib was also accused of lying under oath and tampering with evidence during a 2016 gun raid. Those allegations led several defendants in that case to withdraw guilty pleas. He had served with the NYPD since 2007 and had previously been suspended without pay.
The law’s origins and legal impact
New York City’s restraint ban was passed after the May 2020 death of George Floyd, which prompted racial justice demonstrations and renewed calls for police accountability across the United States. The law makes it a crime for officers to use chokeholds and certain forms of pressure against an arrestee’s chest or back that compress the diaphragm while making or attempting an arrest.
Police unions challenged the measure, but New York state’s highest court upheld it in 2023. Chokeholds were already prohibited in most circumstances under NYPD policy, although criminal prosecutions of officers for using them had been rare. The earlier case involving officer Daniel Pantaleo, who lost his job after using a prohibited chokehold on Eric Garner during a 2014 arrest, became a prominent example of the gap between departmental discipline and criminal charges.
Police union response and department action
The Police Benevolent Association of the City of New York criticized the verdict. Its president, Patrick Hendry, argued that the conviction reflected broader difficulties officers face when using force during arrests and questioned whether police receive fair trials.
“Every second police officers spend on this job puts them at risk of criminal prosecution, and pervasive anti-police propaganda has made it incredibly difficult to receive a fair trial.”
The NYPD said Habib’s termination was required by law after his felony conviction. His removal from the department followed the earlier unpaid suspension and ended his nearly two decades of service.
| Number | Key Point |
|---|---|
| 1 | Habib was convicted of strangulation, assault and using a prohibited chokehold. |
| 2 | The 2023 arrest took place at a Bronx catering hall after a 911 call. |
| 3 | The felony conviction carries a maximum sentence of seven years. |
| 4 | Habib was terminated from the NYPD after the felony conviction. |
Summary
The conviction establishes a significant legal test for New York City’s post-2020 restrictions on police restraint tactics. It also highlights the distinction between NYPD disciplinary action and criminal prosecution, an issue that became central in earlier high-profile use-of-force cases. Habib’s sentencing will determine the immediate legal consequences, while the verdict may influence how future allegations under the city law are investigated and prosecuted.
Frequently Asked Questions
What was Omar Habib convicted of?
He was convicted of using a prohibited chokehold, second-degree felony strangulation and third-degree misdemeanor assault.
When did the incident occur?
The arrest occurred on July 28, 2023, at a catering hall in the Bronx.
What sentence could Habib receive?
The felony strangulation conviction carries a maximum sentence of seven years in prison. He was held without bail after the verdict.
What happened to Habib’s NYPD employment?
The department terminated him after his felony conviction, saying the action was required by law.
