One decade, seven police commissioners, and three mayors later, the family of Delrawn Small said on Wednesday that the NYPD officer who already shot and killed him is finally heading for a disciplinary trial.

Victor Dempsey, Small’s brother, made the announcement on Oct. 21 outside the Civilian Complaint Review Board’s headquarters, following a meeting with Police Department personnel. The trial will take place on Jan. 13, 2027.

“We have a date scheduled. Everyone’s been asking me, ‘Well, how do you feel?’ I still don’t know how to answer that. The reason why I can’t answer that is because our family has been fighting for 10 years,” Dempsey said. “Next January we’re going to be going into our 11th year.”

Small was gunned down in Brooklyn in 2016 during an apparent traffic stop. According to the Small family, off-duty police officer Wayne Isaacs cut off Small’s car on Atlantic Avenue. The pair got into some kind of dispute, and when Small approached Isaacs’ car, the cop opened fire, killing him.

Isaacs was the first police officer prosecuted by the state Attorney General under a special executive order designed to investigate police killings of unarmed civilians. However, in November 2017, a Brooklyn jury acquitted Isaacs of second-degree murder and first-degree manslaughter charges.

“I sat in that courtroom for maybe an extra 20 or so odd minutes, not understanding my emotions, not understanding my feelings. But what I did feel is, and I said out of my mouth that day is: my brother was murdered twice,” Dempsey added.

Photo by Dean Moses

Even a decade later, Isaacs remains on the force, after the family says NYPD Deputy Commissioner of Trials Rosemarie Maldonado sided with Officer Isaacs.  

According to an NYPD spokesperson, in August of this year, Police Commissioner Jessica Tisch sent a letter to Maldonado saying a disciplinary trial should proceed.

“What is now clear is that in this case Respondent’s position is that he was taking police action when he discharged his firearm,” part of the letter obtained by amNewYork read. 

“CCRB claims that the Respondent used excessive force, and it is undisputed that Respondent was taking police action when he used that force. While 1 am expressing no view on the ultimate merits of this case, CCRB has jurisdiction. The matter should proceed to trial forthwith,” the letter continued.

Although the family says they finally have their day in court after a long battle, they are concerned that if Maldonado oversees the proceedings, it will be a trial in name only.

Police Commissioner Jessica Tisch. Photo by Dean Moses