Nearly a decade after an NYPD officer shot and killed Delrawn Small in front of his children, relatives are still fighting to have the officer removed from the force.

Small was fatally shot by Officer Wayne Isaacs in 2016 during what is being described as a road rage incident in East New York.

Isaacs was later acquitted of criminal charges, but the Civilian Complaint Review Board substantiated misconduct charges against him. The city also paid the family a $125,000 settlement.

Now, the NYPD Deputy Commissioner of Trials Rosemarie Maldonado is recommending that the CCRB drop the case, saying the board lacks jurisdiction because Isaacs was off duty at the time of the shooting.

Small’s family and the CCRB disagree, arguing that Isaacs’s defense team repeatedly claimed he acted as a police officer during the criminal and civil trials.

Police Commissioner Jessica Tisch now has to decide whether to accept Maldonado’s recommendation or allow the disciplinary trial to proceed.

“When she came in, she said she believed in accountability,” Victor Dempsey, Small’s brother, said.

Tisch’s office said that the disciplinary process is ongoing.

Small’s family is also calling on Mayor-elect Zoran Mamdani to consider Tisch’s handling of the case when deciding whether to retain her as police commissioner in the new administration.