Introduction to the Case
In the nearly nine years since off-duty police officer Wayne Isaacs shot and killed 37-year-old Delrawn Small in an alleged road rage incident in Brooklyn, a criminal prosecution, an acquittal, two lawsuits, an appeal, and three investigations have unfolded. But so far, there has been no NYPD disciplinary trial for Isaacs, who shot Small three times as he approached Isaacs’ vehicle on foot at an East New York intersection in the early hours of July 4, 2016. That, according to the city’s independent Civilian Complaint Review Board, is about to change.
Background of the Incident
Isaacs was indicted by a Brooklyn grand jury for murder and manslaughter but was acquitted of the charges in November 2017. The NYPD restored him to full duty in December 2018, after the department’s Force Investigation Division determined that he had not violated policy and should not face discipline. In October 2020, the CCRB substantiated three improper-use-of-force charges against Isaacs — one for each shot — that the board said constituted the crime of assault in the second degree.
Progress Towards a Disciplinary Trial
But it wasn’t until Friday that review board officials told THE CITY that they can finally move forward with their own investigative findings and prosecute Isaacs at a disciplinary trial in the coming months, which the NYPD will be required to conduct. The board’s decision to proceed to trial comes after a state appellate court in late March reversed a lower court’s ruling that would have allowed the CCRB to gain access to Isaacs’ sealed criminal court file, which includes grand jury material and other evidence the board says it couldn’t obtain through other means.
Defense and Family Reaction
Isaacs has maintained that he acted in self-defense after Small allegedly punched him through an open car window. His attorney, Stephen Worth, noted that Isaacs was cleared years ago of criminality by the legal system and of misconduct by the Force Investigation Division. Victoria Davis, Small’s younger sister, said that despite the long process and the ups and downs over nearly nine years, she has always tried to remain hopeful — “especially that the people who are responsible for holding Wayne Isaacs accountable would do so.”
Delays in Disciplinary Cases
Disciplinary cases for incidents in which civilians are killed by police notoriously take a long time, often because of delays in the NYPD’s provision of records to the CCRB but also because criminal investigations and lawsuits intervene. The termination of police officer Jason Pantaleo in the killing of Eric Garner in 2014 took over five years to resolve, and was the lone time an officer has been terminated as a result of a probe by the CCRB.
Long and Winding Road
Early reporting on Small’s killing portrayed Isaacs as the victim of an assault who acted in self-defense. It was later revealed in the court case that Isaacs told responding officers and paramedics that Small had punched him through the open driver’s side window, and that his jaw was hurting. Within days of the shooting, the pendulum swung the other way after The New York Post published grainy footage of the incident showing Small had barely reached Isaac’s car door when he was shot three times.
Legislative Efforts
That’s one of the reasons why the CCRB is backing legislation that would give its investigators access to sealed court records involving shootings by police in cases when officers are acquitted. “Sealing statutes are meant to protect individuals who were wrongfully arrested — not to protect officers who engaged in misconduct,” said CCRB spokesperson Clare Platt. “That’s why the CCRB has been advocating for an exemption to these statutes.” Legislation that would provide the board with access to sealed files has been introduced in the state Senate and Assembly every year since 2023, but has died in committee twice.
Conclusion
The case of Delrawn Small and the impending disciplinary trial of Wayne Isaacs highlight the complexities and challenges in seeking accountability in police-involved shootings. The prolonged process, spanning nearly nine years, underscores the need for legislative changes to facilitate access to crucial evidence and ensure timely disciplinary actions. As the case moves forward, it will be essential to monitor the proceedings and their implications for police accountability and community trust.
FAQs
- Q: What happened to Delrawn Small?
A: Delrawn Small was shot and killed by off-duty police officer Wayne Isaacs in an alleged road rage incident in Brooklyn on July 4, 2016. - Q: What were the charges against Wayne Isaacs?
A: Isaacs was indicted for murder and manslaughter but was acquitted of the charges in November 2017. - Q: What is the current status of the case?
A: The Civilian Complaint Review Board (CCRB) is moving forward with a disciplinary trial against Isaacs, which the NYPD will be required to conduct. - Q: Why has the process taken so long?
A: The delays are due to a combination of factors, including the criminal investigation, lawsuits, and the appeal process, as well as the challenge in obtaining sealed court records. - Q: What legislative changes are being advocated for?
A: The CCRB is backing legislation to give investigators access to sealed court records involving shootings by police in cases when officers are acquitted.
