The Civilian Complaint Review Board will bring second-degree assault charges against NYPD Officer Wayne Isaacs.
Issacs was off-duty in his personal vehicle when he fatally shot Delrawn Small during a traffic dispute in the early morning hours of July 4, 2016.
He claimed the shooting was self-defense and was found not guilty at his trial.
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The officer's use of force was also ruled within departmental guidelines.
The case brought Tuesday by the CCRB now goes to a departmental trial, which could result in Isaacs' termination.
Family members of Small released a statement Tuesday, saying they are insulted that the mayor and the NYPD have delayed and blocked justice this long:
"It's been 4.5 years since our brother was killed by NYPD officer Wayne Isaacs, Mayor de Blasio has taken no action and just last week the Mayor said that he still hadn't seen the video of the shooting. Now, we find out through the press instead of through de Blasio's office or the NYPD that they will stop blocking the CCRB's charges against Isaacs," said Victoria Davis and Victor Dempsey, sister and brother of Delrawn Small. "It's good if the path is finally being cleared to fire Wayne Isaacs for murdering our brother, but as far as we know discipline charges still haven't been served and a trial date hasn't been set. The level of disrespect our family has had to deal with and the pain we've had to endure is outrageous but this is how the de Blasio administration and NYPD treat families of New Yorkers killed by police - Ramarley Graham and Eric Garner's mothers also had to learn about key developments through the press. It's insulting that the Mayor and the NYPD have done everything they can to delay and block justice since Delrawn was killed in 2016. Wayne Isaacs needs to be served with the CCRB charges immediately, a discipline trial needs to be scheduled immediately and then Isaacs must be fired as soon as possible - we will not allow the NYPD and the Mayor to drag this out any longer."
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