A Binghamton man has been found guilty of disorderly conduct and resisting arrest, stemming from an incident in 2023 that led to protests and a state investigation into excessive force by police.
In the early hours of New Year’s Day in 2023, Hamail Waddell was arrested after several fights broke out in downtown Binghamton.
Binghamton Police Officer Brad Kaczynski knelt on Waddell’s neck for over a minute while he was handcuffed on the ground. Footage of the arrest, circulated on social media, led to protests in the city and calls for the officer to be fired.
An investigation by the New York attorney general’s office found Kaczynski used excessive force and recommended his termination. The city has disputed the report’s findings.
Waddell was charged with misdemeanor disorderly conduct and resisting arrest after the incident. He declined a plea deal in May 2023. His attorneys argued that both charges should be dismissed.
Last month, Judge William Pelella heard testimony in a two-day “bench trial” in Binghamton City Court. Pelella delivered the guilty verdict on Tuesday. He said body camera footage and testimony showed Waddell fighting with another group of people, and resisting when police tried to arrest him.
“We're very pleased with the verdict. It's my opinion that the verdict is based upon facts,” said Broome District Attorney Paul Battisti, who prosecuted the case. “Justice was served, and all of the negative narratives that have been spun in our community for almost the last two years were brought to a halt with today's verdict.”
Defense attorney Ed Kopko, who represented Waddell at the trial, said the case should have been dismissed because Officer Kaczynski was unable to testify due to a serious medical injury.
“So we're going to file a post-trial motion here, and then we're going to take an appeal,” Kopko said. “This case is not over with, by any means. But more importantly, next week, I'm going to sue Kaczynski in federal court under Section 1983 for civil rights violation, for the excessive force that he used in smashing Mr. Waddell’s face into the pavement.”
Sentencing in the case will take place in December. It is unclear what sentence the prosecution will seek. The maximum sentence for a Class A misdemeanor is one year in jail, though the sentence could also involve a fine or probation, rather than time spent in jail.
