CYPRESS HILLS, Brooklyn -- NYPD officer Wayne Isaacs has been indicted for the July shooting death of Delrawn Small, according to Small family attorney Sanford Rubenstein.
"This is the first indictment of a police officer for the killing of an unarmed civilian as a result of Gov. Cuomo executive order," Rubenstein said in a news release.
The Small family filed a $25 million wrongful death lawsuit against the city, according to court documents.
The NYPD said Isaacs will be suspended pending disposition of his court case.
Isaacs shot Small in an alleged act of road rage on July 4, 2016. Isaacs was off-duty.
The two men began to argue as they drove in separate cars along Atlantic Avenue in Cypress Hills.
They both stopped their vehicles at a red light on Bradford Street and according to the NYPD, the driver of a 2016 Kia EX got out of his vehicle and punched the officer's head through an open driver's side window.
The beating allegedly continued despite Isaacs identifying himself as an NYPD officer. He then pulled his gun and shot Smalls at least three times.
Smalls died at the scene.
Isaacs was stripped of his gun and badge just days after the shooting happened. He was an officer in the 79th precinct.
Small's family said surveillance video shows a different scene, one where he was shot within seconds of approaching Isaacs' car.
In a press conference in July, local leaders joined the Small family to denounce the killing.
"It hurts more when it is by the hands of someone that's supposed to be protecting us and now all I'm seeing is them protecting themselves," Small's brother, Victor, said on behalf of the family.