Mount Vernon Police Sergeant Pleads Guilty To Depriving An Individual Of His Constitutional Rights

 

During a Call for Assistance, Sgt. Mario Stewart Tased a Handcuffed, Restrained Individual Seven Times in Two Minutes

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, announced that MARIO STEWART, a Sergeant with the Mount Vernon Police Department (“MVPD”), pled guilty to using excessive force against an individual (the “Victim”) while in Mount Vernon, New York, in violation of the Victim’s rights under the U.S. Constitution.  STEWART pled guilty before U.S. Magistrate Judge Andrew E. Krause. 

Acting U.S. Attorney Edward Y. Kim said: “Mario Stewart betrayed his duty as a Sergeant with the Mount Vernon Police Department.  Stewart was called to the scene to aid a person in emotional distress.  But instead of rendering aid, he deployed his taser on the individual seven times in the span of roughly two minutes, while the individual was helpless, and while several other MVPD officers were on scene to assist.  This Office will fiercely protect constitutional rights and hold accountable those who abuse their authority to violate those rights.” 

According to the allegations contained in the Indictment and statements made in court:

On or about March 26, 2019, STEWART was employed as a Sergeant with the Mount Vernon Police Department.  STEWART was assigned to the MVPD’s Emergency Services Unit, which is responsible for, among other things, responding to individuals who are experiencing mental health crises.  On that day, STEWART and six other MVPD officers received a call to assist the Victim in Mount Vernon, New York, as the Victim was experiencing a mental health crisis. 

At the scene, STEWART and the other MVPD officers restrained the Victim, handcuffing his hands behind his back and securing his legs in a restraint bag in preparation to transport the Victim for medical assistance.  When the MVPD officers were unable to pull the restraint bag over the Victim’s chest because the Victim was holding onto one of the bag’s straps, STEWART directed the Victim to release the strap.  While STEWART deployed his taser all seven times, the Victim remained laying on the ground, handcuffed with his hands behind his back and his legs secured in the restraint bag.  STEWART’s actions caused bodily injury to the Victim, including extreme pain.

STEWART, 46, of Brooklyn, New York, pled guilty to one count of deprivation of rights under color of law, which carries a maximum sentence of 10 years in prison.

The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Kim praised the outstanding investigative work of the Federal Bureau of Investigation, and thanked the Westchester County District Attorney’s Office and the Mount Vernon Police Department for their assistance with the investigation.