Binghamton City Court Judge William Pelella found Hamail Waddell guilty of both misdemeanor charges on Tuesday afternoon.

A two-day trial was held about one month ago, where Paul Battisti, the district attorney, presented the charges against Waddell, who was apprehended on New Year’s Day in 2023. Video footage of Officer Brad Kaczynski of the Binghamton Police Department kneeling on his neck and back during the arrest spread quickly in the community, drawing fierce backlash. Pelella’s decision found Waddell guilty of both resisting arrest and disorderly conduct.

Edward Kopko, Waddell’s attorney, said that while he respects Pelella and appreciates his compliments of the defense’s handling of the case, he disagrees with the verdict. He plans to file post-trial motions and begin an appeal.

“This case is only beginning,” Kopko said in an interview. “We went through one phase of it. I will never let go of this case because there is an injustice here. And the injustice is typical of what happens with the police.”

In court, Pelella said he reviewed the evidence and after “deliberating extensively,” he arrived at his decision without bias, prejudice or sympathy. He said that a person is guilty of disorderly conduct when they engage in fighting, violent and tumultuous behavior and act recklessly contributing to risk — which they are consciously aware of.

Those resisting arrest are preventing or attempting to prevent an officer from completing the arrest, and their “conscious objective” is to do so, he said, adding that it is not necessary for an individual to be explicitly made aware of their arrest before being apprehended.

“We are very pleased with the verdict,” said Battisti at a press conference. “It is my opinion that the verdict is based upon facts. 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.”

Kopko contended that there was no evidence the arrest was authorized or about what Kaczynski saw the night of the arrest, largely due to his absence during the trial. He said the police were ineffective that night, pointing to their lack of control over the crowd. Battisti said he does not believe Kaczynski’s absence had an impact.

Within the next two weeks, Kopko said he plans on filing an action, commonly known as Section 1983 litigation, against Kaczynski, specifically as it was reported by New York’s attorney general, whose May report found excessive force was used by Kaczynski in Waddell’s apprehension.

Waddell’s sentencing hearing is scheduled for Dec. 23 at 9 a.m. in Binghamton City Court.