Prosecutors in Queens have dismissed charges against an Elmont man who was arrested in January and restrained with a knee-on-neck hold by NYPD officers, according to the man's lawyer.

Sircarlyle Arnold had been charged with second-degree reckless endangerment and other crimes for allegedly operating an all-terrain vehicle at a January vigil for a friend who had died. The charges against Arnold were dismissed on Thursday, a law enforcement official said.

Arnold’s attorney, Olayemi Olurin of the Legal Aid Society, said Friday the hold NYPD officers used to restrain her client was similar to the technique Minnesota prosecutors said was used by a Minneapolis police officer in the death of George Floyd. Olurin said the charges should have been dismissed weeks ago.

"We demand that the NYPD take swift action to ensure that all officers involved are held accountable and to send a strong signal to the NYPD that violent acts such as this, all too frequently employed against men of color, will not be tolerated," Olurin said.

The New York City Council banned knee-on-neck restraints last year after Floyd’s death while in the custody of Minneapolis police on May 25. The office of Queens District Attorney Melinda Katz said last week the officers who arrested Arnold on Jan. 2 did not violate that ban.

Katz said a thorough investigation did not find sufficient evidence to show that Arnold had been restrained illegally. Investigators could not determine whether officers had restricted Arnold’s flow of blood or air.

An NYPD spokesman said the department's investigation into the incident was ongoing.

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