Jury finds man guilty in controversial New Year’s Eve 2023 case

BINGHAMTON (WBNG) – A jury in Broome District Court on Tuesday found Hamail Waddell guilty on charges of disorderly conduct and resisting arrest.

On New Year’s Day 2023, Waddell, a black man, was arrested and charged with crimes after fights outside Dillinger’s Bar in downtown Binghamton.

However, Waddell’s case has sparked outrage in the greater Binghamton area as video footage of his arrest shows Binghamton Police Officer Brad Kaczynski kneeling on his neck.

On Tuesday, Broome County District Attorney Paul Battisti responded that Waddell was ordered to leave the area several times before he was arrested. He said Waddell tried to break away from the officers while handcuffed.

Now Waddell’s lawyer, attorney Ed Kapko, is questioning the prosecution’s actions.

“There were two other white guys, and the decision in those cases is insulting because the district attorney agreed to what is commonly called an ACD and a stay of dismissal,” Kapko said. “But the black guy is being held accountable. Someone should ask the prosecutor why he made such a prosecutorial decision.”

However, District Attorney Battisti said his office handled the case responsibly.

“Every case in my office is based on the facts and circumstances of that case, as well as many other factors,” Battisti said. “The cases that Mr. Kopko is talking about, I believe, and I was not there, were misdemeanor-level offenses. This case was a misdemeanor; completely different levels of charges.”

Kopko said he plans to take the case to a federal judge and sue Officer Kaczynski in a civil suit for excessive use of force.

He said they would file a motion after the trial and then appeal because Kaczynski did not testify.

According to the judge, Kaczynski was unable to testify.