Fund the First | Legal Defense & Appeal Fund for Former NYPD Officer Omar Habib

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Law Enforcement

Legal Defense & Appeal Fund for Former NYPD Officer Omar Habib

Law Enforcement

Catastrophic Loss

New York

Created August 18th, 2026

Omar Mario Habib, 42, served the City of New York as an NYPD police officer for approximately 19 years, including assignments in the 40th and 47th Precincts. In 2015, Omar was recognized by the 40 Council at the 40th Precinct for his exemplary police work and his efforts as a mentor to newer officers.

Bronx-born and raised primarily by a single mother, Omar is a beloved son, brother, uncle, nephew and cousin whose life and career have now changed dramatically.

On July 28, 2023, Omar and his partner responded to an incident at a catering hall in the Bronx that ultimately resulted in officers attempting to place an individual under arrest.

According to Omar and his defense, the individual had been involved in an altercation, was intoxicated and disorderly, had suffered an injury and had damaged mirrors inside the venue before officers attempted to take him into custody. The arrest ultimately took place in the confined space of an ambulance, where several officers became involved in a physical struggle with the individual.

Omar and his defense maintain that during that struggle, Omar was positioned beneath the individual and other officers as they attempted to gain control and complete the arrest. Omar disputes the prosecution’s characterization of his actions and maintains his innocence.

On August 13, 2026, following a jury trial in Bronx County, Omar was convicted of second-degree strangulation, third-degree assault and unlawful methods of restraint under New York City Administrative Code § 10-181. Following the felony conviction, Omar was dismissed from the NYPD and taken into custody while his case proceeds through post-trial proceedings.

Omar and his family strongly disagree with the verdict and intend to pursue every appropriate legal avenue available to him, including post-trial motions and appellate review.

The purpose of this fundraiser is not to ask the public to decide this case or substitute public opinion for the courts. It is to ensure that Omar has access to qualified legal representation and the resources necessary to fully exercise his right to challenge his conviction through the judicial process.

Appeals and post-trial litigation can be extraordinarily expensive. They may require appellate attorneys, extensive review and preparation of trial transcripts, legal research, filing fees, investigators, expert consultation and other significant case-related expenses.

Omar and his family are therefore asking those who believe he deserves a full and fair opportunity to pursue his legal remedies to help support the cost of that representation.

Following the verdict, Police Benevolent Association of the City of New York President Patrick Hendry publicly criticized the outcome and stated that the union would continue to support Omar as he pursues an appeal.

Whatever one’s views regarding the underlying case, Omar has the right to pursue the post-trial and appellate remedies available to him under the law. His family believes there are significant issues surrounding the circumstances of the arrest, the evidence presented at trial and the application of the law that deserve careful review through the judicial process.

IMPORTANT: BENEFICIARY AND USE OF FUNDS

This fundraiser has been established exclusively to pay for the legal defense and appellate representation of Omar Mario Habib.
Omar Habib is not the payout recipient of this fundraiser and will not personally receive, possess or control the funds raised through this campaign.

No campaign proceeds will be paid to Omar, the campaign organizer or any member of Omar’s family.

Appellate counsel is currently being selected. No campaign payout will be released until an attorney or law firm has been formally retained to represent Omar and FundTheFirst.com has received verification of that representation.

Once counsel has been retained, FundTheFirst.com will issue campaign proceeds directly to the attorney or law firm representing Omar for payment of his legal fees and case-related legal expenses. Payments will be made only to an account designated and verified by retained counsel.

Campaign proceeds may be used solely for expenses directly related to Omar’s legal representation, including:

Attorney and appellate counsel fees
Post-trial motion practice
Trial and hearing transcripts
Court and filing fees
Legal research
Investigative expenses
Expert consultation and expert-witness expenses
Record preparation and reproduction
Other reasonable expenses directly associated with Omar’s criminal defense, post-trial proceedings and appeal

Campaign proceeds will not be distributed to Omar for personal use and will not be used for ordinary living expenses, personal purchases, criminal fines, penalties, restitution or expenses unrelated to his legal representation.

Any funds remaining after Omar’s legal proceedings have concluded will be handled in accordance with applicable law and the terms governing this fundraiser and will not be converted to Omar’s unrestricted personal use.

The fact that legal fees are being funded through this campaign does not give FundTheFirst.com, the campaign organizer or any donor control over Omar’s attorney, legal strategy or attorney-client relationship. Any attorney retained to represent Omar will represent Omar independently and will exercise professional judgment solely in accordance with his or her legal and ethical obligations.

All distributions from this fundraiser remain subject to applicable law and any legally required notices, restrictions, court orders or governmental directives.

Omar and his family are extraordinarily grateful to everyone who chooses to help provide him with the resources necessary to pursue a full and fair review of his case. If you are unable to contribute financially, sharing this fundraiser can be just as meaningful.

Thank you for standing with Omar and his family during this difficult and uncertain time.

Disclosure: Contributions to this individual legal-defense fundraiser are not tax-deductible charitable contributions.

FundTheFirst.com provides the fundraising platform and does not take a position on the merits of the underlying criminal proceeding. Statements concerning disputed facts and Omar’s position regarding the case reflect the position of Omar, his family and/or his legal defense.

Updates

August 21st, 2026

Fayza Habib, Organizer

Thank you to everyone who has made a donation and spread the word — it means so much to know that you're listening and believe in his right to fair fight. We know it means a lot to Omar, too, to know his circle of support is growing. Keep getting his name out there — freeomar.com! People are power and the more who know what has happened, the more who can help us give Omar the fair legal review he is due.

We do have some big news — the National Police Association has written to the Department of Justice to seek an investigation into potential civil rights violations on Omar's behalf. We are beyond grateful to Ed Hutchison of the NPA for taking immediate action upon learning of Omar's case and conviction. You can read about what this means here at https://nationalpolice.org/the-national-police-association-asks-doj-civil-rights-division-to-investigate-the-prosecution-of-former-nypd-officer-omar-habib/, and we've include the release below as well.

We hope to have more good news in Omar's case soon.

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The National Police Association Asks DOJ Civil Rights Division to Investigate the Prosecution of Former NYPD Officer Omar Habib

NPA asks Assistant Attorney General Harmeet Dhillon to examine whether NYC’s Anti-Chokehold Act was used in violation of Habib’s federal constitutional rights

INDIANAPOLIS, August 21, 2026 — The National Police Association (NPA) has filed a complaint with the U.S. Department of Justice Civil Rights Division requesting an investigation into potential federal constitutional and civil rights violations arising from the prosecution and conviction of former New York City Police Department Officer Omar Habib.

The complaint asks Assistant Attorney General for Civil Rights Harmeet K. Dhillon to examine whether the application of New York City Administrative Code § 10-181, commonly known as the city’s “Anti-Chokehold Act,” deprived Habib of rights protected by the Fourteenth Amendment to the U.S. Constitution.

Habib was convicted by a Bronx jury on August 13, 2026, of second-degree strangulation, third-degree assault, and violating the Anti-Chokehold Act in connection with the July 29, 2023 arrest of an intoxicated and disorderly individual who resisted arrest. Habib was reportedly the first NYPD officer criminally prosecuted in Bronx County under the 2020 ordinance.

“The Constitution protects police officers just as it protects every other American,” said Eddie Hutchison, President of the National Police Association. “Government cannot demand that officers physically control resisting suspects and then subject those officers to criminal prosecution under standards that fail to provide fair notice of when otherwise lawful physical restraint becomes a crime. We are asking the Justice Department to determine whether that happened to Omar Habib.”

The NPA’s complaint raises several issues it believes warrant federal investigation.

Among them is the absence of an express culpable mental state in § 10-181 concerning the physiological consequence prohibited by the ordinance. Police officers routinely must make split-second decisions while physically struggling with resisting arrestees. The NPA is asking DOJ to examine whether imposing criminal liability under those circumstances, without requiring constitutionally adequate proof of culpability concerning the prohibited restriction of breathing or blood flow, satisfies federal due-process requirements.

The complaint also asks DOJ to examine whether the law provided Habib constitutionally adequate fair notice of the point at which legally authorized physical restraint of a resisting person became criminal conduct.

Of particular importance is Habib’s justification defense.

When the New York Court of Appeals upheld § 10-181 against a facial challenge in Police Benevolent Association of the City of New York, Inc. v. City of New York, the court emphasized that New York’s statutory justification defenses remained available to defendants prosecuted under the ordinance.

The NPA is therefore asking the Civil Rights Division to obtain Habib’s trial record, including the charge conference, jury instructions, verdict sheet, motions, and rulings, and determine whether Habib actually received the meaningful protection of police justification law contemplated by the state’s highest court.

The complaint additionally asks DOJ to investigate the ordinance’s enforcement history since its enactment in 2020.

The NPA wants federal investigators to compare Habib’s prosecution with other NYPD incidents involving alleged chokeholds, neck restraints, airway restrictions, or similar uses of force and determine how many resulted in criminal referrals, declined prosecutions, administrative discipline, or no action.

“If comparable incidents were routinely handled administratively while Habib was singled out for criminal prosecution, the public deserves to know why,” Hutchison said. “Criminal laws cannot be enforced against police officers according to political pressure or standards that change from case to case.”

The NPA emphasized that its complaint does not ask DOJ to retry disputed factual questions decided by the jury. Instead, it requests an examination of whether the governmental process used to investigate, charge, try, convict, and deprive Habib of his liberty complied with the United States Constitution.

The organization has requested prompt review because Habib has already been convicted and post-verdict proceedings remain ongoing.

“Accountability for genuine police misconduct and constitutional protection for accused officers are not competing principles,” Hutchison said. “Police officers are entitled to due process, fair notice, lawful defenses, and equal treatment under the law. The National Police Association is asking the Civil Rights Division to determine whether Omar Habib received them.” The NPA’s complaint can be read here (https://nationalpolice.org/wp-content/uploads/2026/08/Habib-Complaint.pdf)

The National Police Association (NPA) is a nonprofit organization dedicated to fighting for law enforcement through advocacy, education, and the courts. For more information, visit NationalPolice.org.