AG report, video released in Hamail Waddell use of force case: Here are the findings
A Binghamton police officer used excessive force in the New Year's Day 2023 arrest of Binghamton resident Hamail Waddell, according to a report released by the Office of New York Attorney General Letitia James.
Waddell's arrest sparked community outrage after bystander videos surfaced showing City of Binghamton Police Officer Brad Kaczynski with his knee on Waddell's neck. A complaint was filed Jan. 2, 2023.
The Law Enforcement Misconduct Investigative Office released a report Friday concluding Kaczynski's conduct was in violation of the Federal and New York Constitutions and BPD’s Use of Force policy.
City of Binghamton Mayor Jared Kraham said he believed the report failed to "accurately portray the full circumstances of the incident," and pointed to newly released video footage of the 2023 arrest, which includes "an overview and compilation of multiple video sources collected by the Binghamton Police Department, including body-worn camera footage," according to its description posted on YouTube.
This video contains strong language and scenes that may be disturbing for some viewers.
What the AG's office report concluded
Waddell, along with two other men, was arrested in the early morning hours of Jan. 1, 2023 following a fight that broke out near State Street.
Kaczynski, who the Law Enforcement Misconduct Investigative Office report indicated is approximately six feet nine inches tall and 265 pounds, held his right knee and shin on Waddell's "neck or upper back adjacent to his neck," for one minute and 10 seconds, while Waddell was facedown in handcuffs on the sidewalk at Hawley and Collier streets, and shouted, “I can’t breathe!" Waddell, according to the report, is five feet seven inches tall and 160 pounds.
Binghamton Police Department policy permits using force against a person in handcuffs only to "prevent imminent bodily harm to the officer or another person" or "where physical removal is necessary to overcome passive resistance."
More: Hamail Waddell pleads not guilty amid calls for charges against Binghamton police officer
"There is no objective reason for Officer Kaczynski putting his knee on the Complainant’s neck or upper back or anything that would have prevented him from immediately shifting the Complainant off his stomach after handcuffing," the conclusion read.
LEMIO further concluded four Binghamton Police Officers at the scene violated department policy by failing to intervene and Waddell was not searched or secured when he was later placed in a police van, violating proper arrest procedure.
Read the report: Law Enforcement Misconduct Investigative Office findings, recommendations
In addition, LEMIO found the subsequent internal investigation "problematic" for several reasons, including that it was "not clear that the interviewing investigators reviewed any [body-worn camera] or social media videos prior to interviewing officers."
Binghamton use of force case: State recommends officer be disciplined
The report recommended Kaczynski face discipline, "including potential termination, for the unreasonable use of force that was not in accordance with law, policy, or training, as described above."
It also called for additional training on use of force principles and officer intervention and an updated policy requiring all available evidence be reviewed to gain familiarity with the allegations before officer interviews.
"In the coming days, we will be reviewing this report and all surrounding information," Kraham said in a statement, "and intend to conduct a thoughtful, comprehensive, and thorough evaluation of the report."
Binghamton Police Department has 90 days from the release date of the report to respond.
This article originally appeared on Binghamton Press & Sun-Bulletin: AG report: Excessive force used in Binghamton arrest of Hamail Waddell
