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Multiple lawsuits filed year after Delrawn Small was killed by officer in Brooklyn road rage incident

Posted at 1:50 PM, Jul 04, 2017
and last updated 2017-07-04 12:46:29-04

CYPRESS HILLS, Brooklyn — Two lawsuits were filed on Monday concerning the off-duty officer who shot and killed a driver in Brooklyn in an alleged road rage incident one year ago Tuesday.

The NYPD officer, Wayne Isaacs, was behind the wheel of his car on July 4, 2016 when he and Delrawn Small, 37, got into the fatal traffic dispute.

The widow, Wenona Small, filed a civil wrongful death lawsuit, her lawyer said in a statement. The mother of Delrawn's children, Zaquanna Albert, filed a federal claim holding the NYPD accountable for permitting off-duty officers to carry firearms, according to the New York Daily News.

Wenona Small filed the civil lawsuit before the statute of limitations begins, and the suit won't go to court until after the criminal trial against Isaacs ends.

"What is most important at this time to [Delrawn's] widow, Wenona Small, is that this police officer be held criminally accountable for his actions," attorney Sanford Rubenstein said in a statement.

Isaacs pleaded not guilty to murder charges in September.

During the 2016 incident, 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, and Small got out of his car and confronted the officer. The officer responded by shooting him through the driver's side window, officials say. Small died at the scene.

Isaacs said that Small tried to assault him, according to police, but a security video called his account into question.

The Small family previously filed a $25 million wrongful death lawsuit against the city, according to court documents.

This is the first time that Attorney General Eric Schneiderman has prosecuted the police killing of an unarmed victim.

A vigil was held on Monday night.

Wenona Small will hold a news conference at 3 p.m. on Wednesday to give an update on the civil lawsuit.

Talia Tirella, Ayana Harry and the Associated Press contributed material to this report.