A veteran cop, who was cleared by a jury over a fatal 2016 off-duty shooting, is now asking a judge to toss out charges brought against him by the Civilian Complaint Review Board, new court papers show.
Officer Wayne Isaacs shot Delrawn Small during a road-rage altercation on July 4, 2016, in East New York, testifying at trial that he thought Small was going to kill him.
A jury acquitted Isaacs of second-degree murder in 2017 and the NYPD also cleared him of wrongdoing in 2018 following an internal investigation.
Still, in January cop watchdog group CCRB announced second-degree assault charges against Isaacs, for which he will have to face a hearing.
Isaacs filed a Manhattan Supreme Court lawsuit Thursday claiming that a hearing by the CCRB would be redundant, since there is no new evidence available over the incident.
Isaacs questions why the CCRB chose to bring its case now, given that the allegations are almost five years old and are time-barred, the court documents allege.
“Mr. Small’s death is a serious, unfortunate consequence but not because of misconduct,” the court papers say. “[Isaacs] has been examined, tried and acquitted.”
The suit claims that the CCRB is acting outside of its jurisdiction and the case against Isaacs is “arbitrary and capricious.”
Isaacs — who named the CCRB, the NYPD and the city in the suit — is asking a judge to stop any further investigation into the matter.
NYPD spokesperson Sgt. Jessica McRorie told The Post, “We will review any legal claim served on the department.”
The CCRB and the city Law Department both did not immediately return requests for comment.
Additional reporting by Craig McCarthy
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