The Binghamton City Council failed to pass a resolution Wednesday night that would have urged the mayor to address a report by the New York state attorney general’s office, which found a Binghamton police officer used excessive force during an arrest in January 2023.
The attorney general set a 90-day deadline for Binghamton Mayor Jared Kraham and the city’s police department to respond to the report.
Several city council members said they wanted to wait for that deadline to expire before taking any action. The resolution failed by a vote of 4-3.
“City council should absolutely be weighing in on this,” Council Member Robert Cavanaugh said. “But I also think we're in the middle of a process, and the administration has not had their full time to make a public response, which I understand they intend to do. So I think before we respond, we need that side of the story as well.”
The investigation found Binghamton Police Officer Brad Kaczynski used excessive force when he knelt on Hamail Waddell’s neck for over a minute while he was handcuffed and lying face down on the sidewalk, early on New Year’s Day last year.
The report by the attorney general’s Law Enforcement Misconduct Investigative Office recommends disciplinary action against Kaczynski, including termination. It also recommends the Binghamton Police Department update its policies and retrain all staff in use of force.
Some council members argued the council should weigh in now on the attorney general’s investigation.
“Somebody’s recommendation is saying something to fix. And mentioning something to fix, and if you don't plan on fixing it, you continue to be complicit,” Council Member Olamni Porter said. “I don't want to be complicit, and I feel that this is important.”
Waddell was charged with resisting arrest and disorderly conduct stemming from the incident. His case is scheduled to go to trial late September. Several city council members who voted against the resolution also said they wanted to wait until that trial was over.
In a statement shortly after the report was released, Binghamton Mayor Jared Kraham said the report “fails to accurately portray the full circumstances of the incident.”
In 2023, the attorney general’s office found excessive force or misconduct in only four of the 56 cases it investigated and then closed.
