The city of Binghamton has rejected the factual findings and conclusions resulting from an investigation by the Office of the New York State Attorney General that found excessive force was used against Hamail Waddell, a Black-Asian man arrested in January 2023.

A video of the arrest, taken outside Dillinger’s Celtic Bar and Eatery, showed Officer Brad Kaczynski of the Binghamton Police Department kneeling on then-24-year-old Waddell’s neck and back while he was handcuffed face down on the pavement. Kaczynski held Waddell in that position for over a minute before another officer intervened. In response to the attorney general’s report, local activist groups gathered over the summer calling for Kaczynski’s termination, saying the kneel used on Waddell reflected the one used on George Floyd in 2020.

Issued on May 10, the investigation by the attorney general’s office found that Kaczynski — who was off-duty at the time of the arrest — used an amount of force that violated both BPD and state policy, which is deemed excessive under both the New York and U.S. Constitutions. The report also found that the other four officers at the scene failed to intervene when necessary.

The report criticized the internal investigation conducted by BPD citing leading questions by investigators, failure to review videos of the incident before questioning and treating Waddell’s account with “undue skepticism” — despite accepting officers’ accounts and disregarding video evidence.

The report recommended that Kaczynski be disciplined, including the possibility of termination. It also recommended training for all officers in using force, proper restraining techniques and effective intervention methods. Per state law, the BPD was given 90 days to respond with steps taken regarding the recommendations.

“I believe the report fails to accurately portray the full circumstances of the incident,” Binghamton Mayor Jared Kraham said in a May statement. “In the coming days, we will be reviewing this report and all surrounding information and intend to conduct a thoughtful, comprehensive, and thorough evaluation of the report.”

Shannon T. O’Connor, an attorney for Mancuso Brightman PLLC, issued the response on behalf of the city in early August. In the letter to investigators, the city maintains that Kaczynski did not act inappropriately and that the report’s recommendations would be ineffective.

“Although couched in the terms of remedial action, none of the recommendations listed in the OAG report would have prevented nor changed the circumstances or events of January 1, 2023,” the response read. “Simply put, officers responded to a chaotic, dangerous situation with rolling and assaultive behavior in the streets with the tools available to them. The City’s position is that the officers acted lawfully and will defend that position.”

The city emphasized that BPD provides refresher courses, and annual trainings are conducted on use of force, duty to intervene and defensive tactics, with more than 21,000 hours of training in 2023.

Waddell has been charged with disorderly conduct and resisting arrest stemming from the initial incident and faces a Sept. 30 trial.

In July, a resolution was brought to the council urging a response to the report, which was rejected in a 4-3 vote. At the time, at least one city councilmember said they wanted to wait until the conclusion of the 90-day period the city was given to respond. The city has said taking steps to address the investigation’s suggestions could impede upon the upcoming legal process, citing these concerns as reasons for rejecting the report’s findings.

“The City is committed to allowing that criminal process to move forward without seeking to interfere with or influence the fact-finding process where the proceedings are governed by, and the parties obligated to comply with, the rules of evidence — unlike this investigation,” the city’s response said.

Editor’s Note (8/22): An earlier version of this article contained unclear language about the timing of the City Council’s role after the attorney general’s report was released. The timeline has been clarified.