The off-duty NYPD cop who allegedly shot and killed another driver in a road-rage incident in Brooklyn earlier this summer has been charged with second-degree murder, according to the attorney of the victim's family.

A Brooklyn grand jury Monday handed up the indictment of 37-year-old Wayne Isaacs in the July 4 incident, following an investigation by state Attorney General Eric Schneiderman, lawyer Sanford Rubenstein confirmed to NBC 4 New York. 

Defense attorney Stephen Worth told The Associated Press his client would appear in court Tuesday. Worth said the indictment also includes a charge of manslaughter. 

Isaacs is the first cop to be charged by Schneiderman under his role as special prosecutor for all police killings of civilians in New York, according to The New York Post, which first reported the indictment. Schneiderman was assigned as special prosecutor by Gov. Andrew Cuomo in the wake of Eric Garner's chokehold death. 

Delrawn Small was killed on July 4 after, according to his girlfriend, he thought he was cut off on a Brooklyn street by Isaacs, who was off duty. When he got out of his car and walked up to Isaacs' vehicle at a stoplight, the officer shot him from behind the wheel.

Initially, police said Small had punched Isaacs before the gunfire erupted. But a security camera video that surfaced later cast doubt on that account by appearing to show Small getting shot the instant he reached the officer's car.

Isaacs had his badge and gun taken away.

The police union representing Isaacs has declined to comment.