New York Police Department Officer Wayne Isaacs will face a departmental trial next year for the 2016 shooting death of Delrawn Small, a Police Commissioner Jessica S. Tisch announced Wednesday. The trial, scheduled to begin Jan. 13 and last three days, marks a significant development in a case that has spanned more than a decade and sparked ongoing controversy.

The incident occurred on July 4, 2016, in Brooklyn’s Cypress Hills neighborhood after a traffic dispute escalated. Officer Isaacs, who was off-duty and dressed in plain clothes at the time, fired his personal firearm at Mr. Small during a confrontation at a stoplight. Surveillance footage showed Mr. Small, a 37-year-old father of three, exiting his vehicle and approaching Isaacs after the officer cut him off. Isaacs later stated he believed he was about to be carjacked and shot Small multiple times, striking him in the arm, chest, and abdomen.

Following the shooting, the New York State attorney general charged Isaacs in September 2016 with second-degree murder and manslaughter, accusing him of acting in a fit of road rage. He was acquitted of all charges by a jury in November 2017. Subsequently, Small’s family filed a federal civil lawsuit against Isaacs, resulting in a settlement with the city.

An independent civilian oversight agency, the Civilian Complaint Review Board (CCRB), conducted its own investigation and found that Isaacs violated NYPD rules on use of force, recommending that he face a department trial. However, the trial was delayed last year after Isaacs’s legal team argued that he was not on duty at the time of the shooting and thus outside the board’s jurisdiction.

During the civil lawsuit, Isaacs had sought to dismiss the case on the grounds that he was acting in his capacity as an officer, which would shield him from personal liability. This contradictory stance played a role in the internal debate over jurisdiction. The CCRB argued the case should proceed, while Rosemarie Maldonado, the deputy commissioner of trials, initially sided with Isaacs, citing lack of jurisdiction since he had not identified himself as an officer or displayed his badge during the shooting.

In a reversal issued on Aug. 28, Commissioner Tisch rejected this reasoning, highlighting the inconsistency in Isaacs’s position that he was performing police duties yet not subject to CCRB oversight. Tisch emphasized that Isaacs was unquestionably engaged in police action when he used force, asserting the CCRB does have jurisdiction to prosecute the charges.

Small’s family met with CCRB lawyers in Lower Manhattan on Wednesday ahead of the trial. Victor Dempsey, Small’s brother, expressed gratitude for the commissioner’s decision but remained skeptical about achieving justice. “Our family has been fighting for more than 10 years,” he said. “The only outcome that needs to come out of this is Wayne Isaacs being fired.” Kyree Small, Delrawn’s son, who was 16 at the time of the shooting, also spoke about the impact of losing his father, saying, “I cannot get my brother back.”

A CCRB spokesperson said the agency is confident in its case and pleased by Tisch’s recognition of the need for a departmental hearing. Conversely, Patrick Hendry, spokesman for the Police Benevolent Association, criticized the decision, asserting Isaacs had been cleared through prior investigations and characterizing the proceedings as an overreach that undermines due process protections for officers.

Commissioner Tisch clarified that her decision to move forward with the trial was based solely on her determination that the CCRB has jurisdiction, not a judgment on the merits of the case. The upcoming trial will allow the department to formally assess the allegations of excessive force and police misconduct against Isaacs.