U.S. Attorney Damian Williams | U.S. Department of Justice
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. The plea was entered 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."
The incident occurred on or about March 26, 2019, when Stewart was employed as a Sergeant with MVPD's Emergency Services Unit. The unit is tasked with responding to individuals experiencing mental health crises. On that day, Stewart and six other MVPD officers responded to assist an individual in distress.
At the scene, Stewart and other officers restrained the victim by handcuffing his hands behind his back and securing his legs in a restraint bag for transport to medical assistance. When they could not pull the restraint bag over the victim’s chest because he held onto one of its straps, Stewart directed him to release it and used his taser seven times while the victim lay handcuffed on the ground.
Stewart's actions resulted in bodily injury and extreme pain for 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.
Kim praised "the outstanding investigative work" by the Federal Bureau of Investigation and thanked both Westchester County District Attorney’s Office and Mount Vernon Police Department for their assistance during this investigation.
The prosecution is managed by Assistant U.S. Attorneys Sam Adelsberg and Jared Hoffman from the Civil Rights Unit within their Criminal Division.