Edward Y. Kim, Acting United States Attorney for the Southern District of New York, announced that Mario Stewart, a Sergeant with the Mount Vernon Police Department (MVPD), has pled guilty to using excessive force against an individual in Mount Vernon, New York. This act violated the individual's constitutional rights. Stewart entered his guilty plea before U.S. Magistrate Judge Andrew E. Krause.
Acting U.S. Attorney Edward Y. Kim stated: “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 court documents and statements made during proceedings:
On March 26, 2019, Stewart was serving as a Sergeant with MVPD's Emergency Services Unit, which handles responses to individuals experiencing mental health crises. On that day, Stewart and six other officers were dispatched to assist an individual in crisis in Mount Vernon.
At the location, officers restrained the individual by handcuffing him and securing his legs in a restraint bag for medical transport. When they struggled to secure the restraint bag over his chest due to him holding onto one of its straps, Stewart instructed him to release it. Despite this situation, Stewart used his taser seven times while the individual remained on the ground handcuffed and restrained.
Stewart's actions resulted in bodily injury causing extreme pain to the victim.
Stewart, aged 46 from Brooklyn, New York, pled guilty to one count of deprivation of rights under color of law which carries a maximum sentence of 10 years imprisonment.
The maximum potential sentence is determined by Congress but actual sentencing will be decided by a judge.
Mr. Kim commended the Federal Bureau of Investigation for their investigative work and expressed gratitude towards Westchester County District Attorney’s Office and MVPD for their assistance.
The case is being prosecuted by Assistant U.S. Attorneys Sam Adelsberg and Jared Hoffman from the Civil Rights Unit within the Criminal Division.