As a personal injury attorney who has spent decades in the Bronx, I’ve seen more than my share of aggressive law enforcement and police misconduct cases. I’ve represented countless individuals who were victims and every time, it’s a reminder of how important it is to hold law enforcement accountable. This time, the aggressive law enforcement news is big.

40 year-old Omar Habib, a Bronx officer with a long history of misconduct allegations, was arrested and charged in criminal court last week. He’s the first officer in the borough being prosecuted under the law which comes in the wake of George Floyd’s death in Minneapolis due to aggressive law enforcement. This comes after the city police officers union challenged the law repeatedly until it was affirmed in November 2023. Habib is currently suspended without pay, but his attorney maintains his innocence.

This isn’t the first time Habib’s name has come up in my work. In fact, his pattern of being accused of aggressive law enforcement has been a concern for a long time and he’s come up in multiple conversations I’ve had or heard over the years regarding police brutality. Back in 2017, he put a bystander in a chokehold in a South Bronx housing development that caused the victim to lose consciousness.

Here’s the reported story: The victim, Dennis Prewitt, referred to Habib and fellow officers as “Keystone Kops,” and Habib reacted violently after becoming enraged by the comment. A recording of the incident shows that the Prewitt was put in a chokehold and punched before being tased by another officer.

Habib was put on a year-long suspension after the incident, but he remained on the force, shielded by a system that too often protects its own at the expense of public safety. I’m currently representing the victim, Dennis Prewitt, in a lawsuit against all of the officers involved.

As someone who has fought tirelessly to protect the citizens of the Bronx from aggressive law enforcement, I was quoted in a recent article from The City reporting on that indictment. I expressed my concern that this officer remained on the force for so long.

This time it could be different. The Bronx District Attorney’s office has charged Habib under a law passed in July 2020 that makes it a misdemeanor for police officers to use chokeholds. This law was a direct response to the tragic death of George Floyd, and it’s meant to prevent the very kind of abuse that Habib is accused of engaging in.

Prewitt was quoted in The City article as well regarding when he was told of Habib’s arrest: “I find this to be very, very shocking news to me and a little bit too late because I could have died,” he said. “I’m grateful to be alive but, God, get this man off the force,” he added. “He hid behind a badge, a gun and a uniform, and I don’t find that healthy for the public.”

The Importance of Accountability in Aggressive Law Enforcement

Officer Habib’s history is a textbook example of what happens when there is a lack of accountability in law enforcement. Over his 17-year career, he has been accused of choking, assaulting, and even falsifying evidence. Despite these serious allegations, he managed to stay on the job with nothing more than slaps on the wrist—probation, loss of vacation days, but no real repercussions.

This case should serve as a wake-up call. Police officers are entrusted with a great deal of power, and with that power comes responsibility. When they violate that trust, they need to be held accountable, just like anyone else.

But accountability shouldn’t just be reactive. It needs to be proactive as well. We need to make sure that officers who abuse their power face real consequences—not just for the sake of justice, but to prevent future harm. That’s why I’ve spent so much of my career advocating for better training, more oversight, and stronger laws to protect citizens from police misconduct. The 2020 chokehold ban is a step in the right direction, but it’s only as effective as its enforcement.

Protecting Yourself from Aggressive Law Enforcement

Cases like Habib’s are not isolated incidents. While most police officers are dedicated to serving and protecting their communities, there are those who abuse their authority. It’s crucial for citizens to know how to protect themselves legally when they encounter a hostile or aggressive officer.

Keep these following tips in mind to protect yourself and your family in these types of situations:

1. Stay Calm and Composed: Easier said than done, I know, but staying calm can de-escalate a tense situation. Don’t argue or resist, as this can be used against you later.
2. Ask for Identification: Politely ask for the officer’s name and badge number. This information is your right and can be crucial if you need to file a complaint or pursue legal action.
3. Record the Encounter: If possible, record the interaction using your phone. Make sure to inform the officer that you are recording. In New York, it is legal to record police as long as you are not interfering with their duties.
4. Do Not Consent to Searches: You have the right to refuse a search of your person, vehicle, or home unless the officer has a warrant or probable cause. Clearly state that you do not consent to the search.
5. Know Your Rights: Familiarize yourself with your rights during police encounters. For example, you have the right to remain silent. You do not have to answer questions beyond providing basic identification.
6. File a Complaint: If you believe your rights were violated, you can get help with filing a complaint with the Civilian Complaint Review Board (CCRB) or the Internal Affairs Bureau (IAB). Document everything—dates, times, names, and details of the encounter.
7. Seek Legal Counsel: If you’ve been mistreated or injured, consult with an attorney who specializes in police misconduct. Legal action may be necessary to protect your rights and seek justice.
8. Avoid Confrontation: While it’s important to stand up for your rights, avoid actions that could be perceived as confrontational. This includes keeping your hands visible and avoiding sudden movements or becoming verbally defensive.
9. Witnesses Matter: If there are bystanders, try to get their contact information. Witnesses can provide crucial testimony or video if your case goes to court.
10. Follow Up: After the incident, follow up on any complaints or legal actions you’ve initiated. This ensures that your case doesn’t fall through the cracks.

Moving Forward From Aggressive Law Enforcement

The indictment of Officer Habib is significant victory for those of us who have been fighting for justice against police brutality and aggressive law enforcement in the Bronx. It sends a message that police officers are not above the law and that their actions will have consequences.

But this case also serves as a reminder that there is still much work to be done. We must continue to push for greater accountability, better training, and stronger protections for citizens. And most importantly, we must keep educating the public about their rights and how to protect themselves. Please keep in mind that anyone mentioned in this article that is accused of a crime is innocent until proven guilty.

If you or someone you know has been a victim of police misconduct, don’t hesitate to reach out to an attorney for legal advice.

 

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