A New York Police Department officer has been convicted for using a chokehold, marking the first such conviction under the department's revised restrictions and prompting permanent codification of its ban on the controversial restraint technique.
Background
The conviction comes years after the 2020 death of George Floyd in Minneapolis police custody, which sparked nationwide protests and calls for police reform. Derek Chauvin, the Minneapolis officer who knelt on Floyd's neck for more than nine minutes, was convicted of murder in April 2021. The case catalyzed policy changes across major U.S. law enforcement agencies.
In New York, former NYPD Officer Francisco Piñal was convicted in June 2024 of strangulation and other charges stemming from a 2023 arrest where he applied a chokehold to a suspect on Staten Island, according to court records obtained by ABC News. The incident occurred months after the city had restricted the maneuver following Floyd's death.
The NYPD initially banned most restraint techniques targeting the neck in June 2020, but Piñal's conviction highlighted gaps in enforcement and training.
The Charges
Piñal was convicted of strangulation in the second degree, a class C felony, as well as official misconduct and assault charges following a jury trial in Staten Island Supreme Court. Prosecutors argued that Piñal applied pressure to the suspect's neck and throat area during an arrest for suspected trespassing.
The victim survived the encounter with Piñal but sustained injuries. The conviction carries a potential sentence of up to 15 years in prison. Sentencing is scheduled for September 2024, according to court documents. Piñal's attorney has indicated plans to appeal.
Key Takeaways
- Francisco Piñal is the first NYPD officer convicted under the department's revised chokehold restrictions implemented after George Floyd's death
- The victim survived the 2023 incident on Staten Island despite suffering injuries from the chokehold application
- The 2023 incident occurred despite departmental training emphasizing the banned status of neck restraints
- NYPD Commissioner Edward Caban signed an order making chokeholds grounds for termination without appeal, permanently codifying restrictions that had been in place since June 2020
- The case sets precedent for how departments nationwide enforce newly restricted use-of-force techniques
- Civil rights advocates point to the conviction as evidence that accountability mechanisms can work when properly investigated
What's Next
Piñal is scheduled to be sentenced on September 12, 2024. His defense team has filed notice of appeal, which could delay any prison term pending appellate court review.
The NYPD's permanent chokehold codification policy will take effect August 30, 2024, applying to all sworn officers regardless of rank or assignment. The department is conducting retraining for the entire force on permissible restraint techniques.
State legislators are reportedly drafting additional bills that would criminalize neck restraints by law enforcement statewide, not just in New York City.