NYPD officer faces disciplinary trial in 2016 fatal shooting of Delrawn Small

The disciplinary case against an off-duty NYPD officer who fatally shot a Brooklyn man during a road rage encounter is moving forward after more than a decade of waiting.

Police Commissioner Jessica Tish has determined that the Civilian Complaint Review Board has jurisdiction to prosecute disciplinary charges against Officer Wayne Isaacs, clearing the way for a department trial scheduled for Jan.13.

The decision stems from the 2016 fatal shooting of 37-year-old Delrawn Small on Atlantic Avenue in Brooklyn. 

Prosecutors said Small was killed following a confrontation with Isaacs after a traffic dispute. Isaacs testified during his criminal trial that he opened fire after Small punched him in the face, though surveillance video did not clearly show the alleged assault. In 2017, a jury acquitted Isaacs of murder and manslaughter charges.

The CCRB's disciplinary case has remained unresolved for years amid legal challenges and questions over whether the agency had the authority to prosecute conduct that occurred while Isaacs was off duty.

Last year, the NYPD's trial commissioner recommended dismissing the disciplinary case, arguing that the CCRB lacked jurisdiction because the incident occurred while Isaacs was not on duty.

However, in a letter to the CCRB obtained by CBS News New York, Tisch rejected that argument.

"It is undisputed that [Isaacs] was taking police action when he used that force," Tisch wrote. "While I am expressing no view on the ultimate merits of the case, CCRB has jurisdiction. The matter should proceed to trial forthwith."

The decision was welcomed by Small's family.

"I don't think there's a chance for justice. I think there's a chance for accountability," Small's brother, Victor Dempsey, said.

After learning of Tisch's decision, Dempsey said it could signal a shift in the department's approach to police discipline.

"I feel like she made the right decision. Hopefully, that's a step in the right direction, that accountability looks different under this administration," he said.

Advocates who have supported the family said the case has faced repeated delays over the years.

"Delrawn's family has had to get through so many delays, attempts to get the whole process canceled," said Yul-san Liem of the Justice Committee.

"First, he wasn't a cop, then he is a cop," Public Advocate Jumaane Williams said. "He lied about what happened. We know all of this, and he's still an officer."

In a statement, Patrolmen's Benevolent Association President Patrick Hendry defended Isaacs and criticized the CCRB.

"CCRB is continuing to push this case without a single shred of new evidence," Hendry said. "We will continue to fight this case and every instance of CCRB's blatant overreach."

A CCRB spokesperson praised Tisch's decision, saying the agency is pleased the commissioner "recognizes the importance of a trial in this case."