The off-duty cop acquitted of murder in the Brooklyn road rage shooting of an unarmed man more than a decade ago will be prosecuted on disciplinary charges by the city’s Civilian Complaint Review Board that could cost him his job, authorities said Wednesday.
Officer Wayne Isaacs appeared to be in the clear last November when a NYPD administrative law judge recommended disciplinary charges for excessive force in the killing of Delrawn Small on July 4, 2016, be dismissed because the CCRB lacked jurisdiction over off-duty incidents.
NYPD Officer Wayne Isaacs leaves court during a break between the defense and the peoples cross exam
Barry Williams / for New York Daily News
NYPD Officer Wayne Isaacs in Brooklyn Supreme Court on Wednesday, Nov. 1, 2017. (Barry Williams / for New York Daily News)
But Tisch, who has final say over all disciplinary matters, disagreed with Maldonado’s recommendation.
In her Aug. 28 decision, Tisch said that taking police action while not on the clock does not preclude an officer from facing departmental charges.
“[Isaacs] had been off duty, but he concedes that he was taking police action when he shot and killed Mr. Small,” Tisch wrote. “In that moment, he went on duty and was acting in his capacity as a police officer.”
Delrawn Small
Obtained by New York Daily News
Delrawn Small was shot and killed by off-duty NYPD Officer Wayne Isaacs in Brooklyn on July 4, 2016.
The decision, which Small’s family and advocates discussed outside CCRB headquarters Wednesday after meeting with the watchdog agency, means Isaacs will now have to go through a disciplinary trial in January, opening a new chapter in the decade-old case.
“We are pleased that Commissioner Tisch recognizes the importance of a trial in this case,” CCRB spokesman Dakota Gardiner said. “CCRB prosecutors are confident in the strength of the evidence and look forward to arguing their case early next year.”
But Patrick Hendry, president of the Police Benevolent Association, which has fought to prevent Isaacs from facing a CCRB trial, pushed back against Tisch’s decision, saying “it defies belief that this case is still ongoing.”
Hendry also blasted the CCRB.
“Their real goal is clear,” he said. “They want to expand their power and erase any remaining due process protections for police officers.”
But Victor Dempsey, Small’s 40-year-old brother, says his sibling is the real victim, “murdered twice,” as he put it — once on the street and once when Isaacs was acquitted.
Victor Dempsey, brother of Delrawn Small, is pictured during a press conference Wednesday, October, 21, 2026 in Manhattan, New York. (Barry Williams/ New York Daily News)
“My family has been fighting for 10 years plus,” he said. “My family’s had to endure seven police commissioners, three mayoral administrations, just to fight for accountability. This is accountability for New Yorkers to understand that we can hold law enforcement accountable for their actions.
“They’re here to protect us — not murder us,” he added.
The fatal caught-on-camera shooting happened at a red light on Atlantic Ave. near Bradford St. in East New York.
Vic Nicastro/for New York Daily News
Delrawn Small was killed after a July 4 confrontation with the off-duty officer.
Small, who was driving with his girlfriend, their infant son, and her 14-year-old daughter, got out of his car and confronted Isaacs, accusing him of cutting their vehicle off moments earlier.
Isaacs fired three times while he sat in the driver’s seat, killing Small with a shot to his heart. He later told investigators Small had punched him and that he feared for his life. Small was not armed.
Isaacs was prosecuted by the state attorney general’s office a year later but was acquitted of murder and manslaughter charges.
Small’s girlfriend, Zaquanna Albert, sued the city and, in 2021, settled for $125,000.