An investigation by the New York state attorney general's office has concluded that a Binghamton police officer used excessive force on a city man on New Year's Day 2023.

Attorney General Letitia James on Friday released a report on a review of the arrest of Hamail Waddell across the street from the city police station.

The 24-year-old Waddell was taken into custody after he was involved in a fight near State and Hawley streets as downtown bars were closing shortly after 3 a.m. on January 1, 2023.

According to the attorney general's report, off-duty police officer Brad Kaczynski had been working as a security guard at Dillinger's bar. Kaczynski, who was wearing his police uniform and body-worn camera, started to arrest Waddell with the help of another officer.

The report said Waddell was brought to the ground and was handcuffed. It said while Waddell was face down on the sidewalk, Kaczynski knelt with his knee and shin on the man's upper back and neck area for about 70 seconds.

Based on video recordings, the report noted Waddell repeatedly shouted he was unable to breathe but Kaczynski did not remove his knee.

Nearby officers did not intervene after bystanders asked them to stop Kaczynski from kneeling on Waddell.

A sergeant directed the officer to stand Waddell up. He was placed in a police van and driven to the nearby station. He later was taken to a hospital by ambulance.

The attorney general's report concluded Kaczynski used excessive force in violation of city and state policies, and in violation of the New York state and United States constitutions.

The report recommended that the Binghamton Police Department take disciplinary action against Kacynski, including potential termination.

The attorney general also recommended additional training for city police officers.

In a statement, Mayor Jared Kraham said he believes the report "fails to accurately portray the full circumstances of the incident."

The mayor said the city will review the report and "all surrounding information" to conduct "a thoughtful, comprehensive, and thorough evaluation" of it.

VIDEO: Recordings released by the city of Binghamton from the area of State and Hawley streets on January 1, 2023.

WARNING: Strong language and violent content.

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Contact WNBF News reporter Bob Joseph: For breaking news and updates on developing stories, follow @BinghamtonNow on Twitter.

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