
 
		39 
 COURIER LIFE, APRIL 8-14, 2022 
 ‘He murdered our brother’ 
 Delrawn Small’s family says police union trying to nix disciplinary trial for killer cop 
 BY BEN BRACHFELD 
 The family of Delrawn Small,  
 a Black man killed by an off-duty  
 police officer in East New York  
 in 2016, says that the Police Benevolent  
 Association, the powerful  
 NYPD patrol officers’ union,  
 is attempting to derail a planned  
 disciplinary trial for the officer  
 who killed Small. On March 31  
 his loved ones plead with Mayor  
 Eric Adams and NYPD Commissioner  
 Keechant Sewell to  allow  
 proceedings to go forward. 
 The same day, 26 elected officials, 
  including 14 representing  
 Brooklyn, sent a letter to Adams  
 and Sewell urging them to allow  
 the disciplinary trial, which  
 the  Civilian  Complaint  Review  
 Board is hoping to soon commence, 
  to proceed. 
 Small was killed on July 4,  
 2016 by off-duty NYPD Officer  
 Wayne Isaacs  while  both  were  
 sitting  at  a  stoplight  at  Atlantic  
 Avenue and Bradford Street  
 in East New York. Isaacs and  
 the NYPD initially claimed that  
 Small,  in  a fit  of  road  rage, had  
 approached the officer, cursed  
 him out, and punched him before  
 Isaacs  fired  the  fatal  shots.  But  
 surveillance video uncovered  
 several days later cast doubt on  
 the department’s account of the  
 incident, showing Small, who  
 was unarmed and traveling with  
 his girlfriend, step-daughter,  
 and newborn baby, collapse to  
 the ground within seconds of approaching  
 Isaacs’ vehicle. 
 The family says that after  
 Isaacs shot Small, he neglected  
 to render emergency aid and instead  
 called 911, in the process obscuring  
 his role in the incident by  
 withholding the fact he had shot  
 him and that he was bleeding out  
 in the street. They say that aspect  
 of  the  encounter  in  particular  
 should make  it an open-and-shut  
 case against Isaacs. 
 “There’s a video out that  
 shows how he murdered our  
 brother,” said Victor Dempsey,  
 Small’s  younger brother,  at  a  
 March 31 press conference at  
 City Hall with allied elected officials  
 and advocates. “But what  
 folks tend to forget is before the  
 video surfaced, he lied.” 
 A verdict years in the  
 making 
 Isaacs was acquitted by a jury  
 of second-degree murder and firstdegree  
 manslaughter in 2017, and  
 was later cleared of wrongdoing  
 by an internal NYPD investigation; 
  he remains on the force and  
 has returned to active duty. But  
 the CCRB announced in 2020 that  
 it had substantiated an excessive  
 force complaint and Isaacs and in  
 January of last year announced  
 its intention to bring disciplinary  
 charges against the boy in blue.  
 Last month, a judge tossed Isaacs’  
 appeal to prevent the disciplinary  
 proceedings from moving forward. 
 While the CCRB was granted  
 the ability last year to initiate  
 its own investigations, it is only  
 empowered to act as a prosecutor  
 in internal NYPD disciplinary  
 trials, and final authority to  
 actually mete out discipline rests  
 with the commissioner, who ignores  
 CCRB disciplinary recommendations  
 in a majority of  
 cases. The police commissioner  
 is also empowered to “retain”  
 any disciplinary case and withhold  
 the CCRB from any involvement, 
  an agency spokesperson  
 told Brooklyn Paper, noting that  
 that provision of the city charter  
 is what lawyers for Isaacs provided  
 by the PBA are currently  
 attempting to exploit. 
 “The CCRB maintains that  
 Officer Wayne Isaacs committed  
 misconduct when he shot and  
 killed Delrawn Small,” the CCRB  
 spokesperson said in a  statement.  
 “We  believe the  evidence is clear  
 and will argue the case to Commissioner  
 Sewell and the Trial Commissioner  
 when our Administrative  
 Prosecution Unit takes Officer  
 Isaacs to trial. Mr. Small’s family  
 has waited nearly six years to see  
 Officer Isaacs held accountable for  
 his fatal misconduct and the CCRB  
 Victoria Davis and Victor Dempsey, brother and sister of Delrawn Small (inset), at a rally at City Hall on  
 March 31. Photo by Ben Brachfeld, inset courtesy of Facebook 
 is committed to moving  
 forward with this  
 case.” 
 Small’s family says they have  
 not had any communication with  
 either the mayor or the police  
 commissioner, and only found  
 out about the PBA’s attempt to  
 nuke the proceedings from the  
 CCRB — and they say it’s just the  
 latest in a long saga by the controversial  
 police union to stonewall  
 any  attempt  to  hold  Isaacs  
 accountable. “The police union  
 lawyers are throwing spaghetti  
 at the wall, hoping something  
 sticks,” Dempsey said. “And  
 they’ve been doing that since the  
 day he murdered our brother.” 
 In a statement, PBA president  
 Pat Lynch said that allowing the  
 case to proceed would not add  
 anything new to the case considering  
 it had already been adjudicated  
 by the NYPD internally  
 and by a Brooklyn jury. “CCRB is  
 simply looking for a third bite at  
 the apple in order to justify their  
 bloated budget and advance their  
 anti-cop agenda,” he said. 
 A PBA spokesperson disputed  
 Small  family  claims  that  
 the union was attempting to  
 discharge the case via a “backroom” 
  deal, arguing that Isaacs’  
 lawyers are attempting to get  
 the  case dismissed  on  the  same  
 grounds they tried in court earlier  
 this year, namely that the  
 case has been previously adjudicated  
 by the NYPD and therefore  
 a new proceeding would be “arbitrary  
 and capricious.” 
 Spokespersons for the NYPD  
 did not respond to requests for  
 comment from Brooklyn Paper.  
 On March 30, Sewell declined to  
 answer questions from Councilmember  
 Sandy Nurse, who represents  
 the neighborhood where  
 Smalls was killed, on whether  
 she believed the CCRB should be  
 allowed to proceed, but said that  
 “malfeasance  and  misfeasance”  
 by members of the NYPD would  
 not be tolerated under her watch. 
 “I certainly intend to hold every  
 officer who does not follow  
 the rules and regulations of this  
 police department accountable,”  
 Sewell told Nurse at the virtual  
 oversight hearing on the mayor’s  
 anti-gun violence blueprint, adding  
 that she intended to make a  
 quick decision on the matter as  
 soon as she was able to review  
 it, though she did not provide a  
 timeline. The CCRB rep said that  
 the watchdog agency also could  
 not provide a timeline without  
 greater clarity from the NYPD. 
 ‘Two legal systems’ 
 At City Hall, Nurse and others  
 expressed skepticism of Sewell’s  
 claims, and questioned the point  
 of the CCRB’s existence if it’s  
 ability to try claims of excessive  
 force  can  be  pulled  back  by  department  
 brass. “We have two legal  
 systems,” Nurse said. “Why  
 have the CCRB if we are not going  
 to allow it to do its job, and  
 fulfill its mission. It has a mandate, 
  and it’s the least we have  
 to hold accountability. And yet  
 every time there seems to be an  
 obstacle in the way of allowing it  
 to do its job. What is the point?” 
 A spokesperson for the mayor’s  
 office did not respond to a request  
 for comment. Hizzoner told  
 Brooklyn  Paper  in  December  
 after the CCRB was granted authority  
 to initiate investigations  
 that he would defer to existing  
 law on such matters and that he  
 wished to stay out of agency politics. 
  The mayor has made public  
 safety a linchpin of his young administration, 
  resuscitating the  
 controversial, disbanded anticrime  
 units and removing homeless  
 people from subway trains in  
 an effort to reduce violent crime. 
 But while Adams has said he  
 doesn’t want abusive cops to mar  
 his push for public safety, advocates  
 say he has not prioritized  
 the proliferation of it through  
 holding officers accountable. 
 “It seems like we’re always  
 trying to do something unreasonable, 
  but we’re not. The system  
 forces  us  to  push  and  fight  
 for just a basic semblance of justice,” 
  said Public Advocate Jumaane  
 Williams. “Mayor Adams, 
  Commissioner Sewell, this  
 did not happen on your watch,  
 I’m clear about that. But what  
 happens from here on, is on your  
 watch.”