BINGHAMTON, N.Y. (WIVT/WBGH) – The trial of the man whose arrest on New Year’s Day sparked outrage among criminal justice activists wrapped up today in Binghamton City Court.
24-year-old Hamial Waddell of Binghamton is charged with two misdemeanors, disorderly conduct and resisting arrest.
In the early morning hours of New Year’s Day of this year, Waddell was celebrating New Year’s Eve with friends at a bar in downtown Binghamton. At the 3 a.m. closing time, a series of fights broke out between friends of Waddell, who is Black, and two white men, Damien Spencer and Ricky Herzog.
Broome County District Attorney Paul Battisti, who prosecuted the case, says Waddell was an instigator in the scuffles, while Waddell testified that he was playing the role of peacemaker and was justified in defending his friends.
Binghamton Police Officer Brad Kaczinski took Waddell into custody and, in the process, knelt on Waddell’s neck as he was handcuffed and lying face down on the pavement.
Waddell’s attorney Edward Kopko says his client was the victim of rogue, racist cops who lost control of the situation.
Trial begins for alleged victim of police brutality in Binghamton “They picked out the only Black person that was involved with that and then later on, as an afterthought, they said, ‘Well, maybe we’d better get these two white guys that were actually the instigators.’ I think the whole thing was illegal, I think the whole thing was tainted with racism, I think the whole thing should never have been prosecuted,” said Kopko.
Throughout the two-day trial, disturbing police body cam video displayed a chaotic scene in which just three officers struggled to break up fights and get the crowd of more than 100 people to disperse.
Two of the officers were on duty while Kaczinski was moonlighting, in uniform, as security for Dillinger’s Bar.
In one of the clips, Waddell can be seen shoving either Spencer or Herzog. And Waddell is seen struggling with Kaczinski before and after he’s handcuffed and shouting slurs as he’s being loaded into the transport van.
Other clips show Waddell crying out that he can’t breathe while Kaczinski is kneeling on his neck for more than a minute while bystanders plead with other cops to intervene. Another video shows Kaczinski and another officer ramming Waddell’s head into the transport van door. And witness video from social media showed a violent takedown in which Kaczinski threw Waddell face first into the pavement.
Waddell, who got emotional several times on the stand, says he still suffers from the trauma of that evening and feels threatened anytime he’s around police.
“It’s always going to be something that does weigh on my mind. It’s something that did affect my family for a period of time. I was very mentally hurt, and I wasn’t able to take care of my family as good as I wanted to. That always will be something that bothers me about this,” said Waddell.
During his closing argument, Battisti, who is reserving comment to the media until after the verdict, replayed body cam clips from after the arrest in which Waddell admits to throwing a punch, being disorderly and taking matters into his own hands.
Kaczinski did not testify during the trial due to a serious medical condition that has incapacitated him.
Kopko argued that the charges should be dismissed because Waddell was unable to confront his chief accuser.
The defense opted for a bench trial so there was no jury and City Court Judge William Pelella will determine the verdict. He plans to announce it on October 29.
Regardless of that outcome, Kopko says he plans to bring a civil suit in federal court against Kaczinski alleging deprivation of civil rights.
Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to WIVT - News 34.
Local News
