FBI Arrests Mount Vernon PD Sergeant Over Excessive Force Claims

MOUNT VERNON, NY — The U.S. Attorney has announced the indictment of a Mount Vernon Police Department sergeant on federal charges connected with violating the constitutional rights of a person "under emotional distress," who police were initially called to help.

Prosecutors today said that during a call for assistance, Sergeant Mario Stewart tased the victim seven times even though the man experiencing an apparent mental health emergency was restrained in handcuffs and a restraint bag.

Damian Williams, the United States Attorney for the Southern District of New York, and Christie M. Curtis, the Acting Assistant Director in Charge of the New York Field Office of the FBI, this afternoon, announced the unsealing of an indictment charging Mario Stewart, a sergeant with the Mount Vernon Police Department, with using excessive force against a victim, in violation of the rights protected under the United States Constitution.

Feds said that during a call for assistance, Stewart, in the presence of six other MVPD officers, tased the victim seven times in the span of approximately two minutes. For the duration of all seven taser deployments, the victim was lying on the ground, handcuffed with his hands behind his back and his legs secured in a restraint bag.

Stewart surrendered to the FBI Thursday morning and was presented this afternoon in White Plains federal court.

"As alleged, Mario Stewart, a Sergeant with the Mount Vernon Police Department, was called to the scene to aid a person in emotional distress," Williams said announcing the federal indictment. "Instead of providing aid, Stewart deployed his taser on the individual seven times in the span of roughly two minutes, while the individual was handcuffed and with his legs restrained and while several other MVPD officers were on scene to assist."

The federal prosecutor described the allegations as both a violation of public trust and the rule of law.

"Stewart’s alleged conduct not only betrayed his duty as an officer to protect those under his charge, but also violated the law," Williams added. "My Office is committed to protecting the constitutional rights of all New Yorkers, including those experiencing mental health crises, and to holding law enforcement officers accountable when they abuse their authority."

According to the indictment, on March 26, 2019, 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 someone who was experiencing a mental health crisis.

At the scene, Stewart and the other MVPD officers restrained the man, handcuffing his hands behind his back and securing his legs in a restraint bag in preparation to transport him for medical assistance. When the MVPD officers were unable to pull the restraint bag over the the man's chest because he was holding onto one of the bag’s straps, Stewart directed him to release the strap.

Stewart then proceeded to tase the victim seven times in the span of approximately two minutes, according to prosecutors. While Stewart deployed his taser all seven times, the man remained lying on the ground, handcuffed with his hands behind his back and his legs secured in the restraint bag, according to the indictment which said the sergeant's actions caused bodily injury to the man.

"As alleged in today’s indictment, Stewart’s actions led him to inflict bodily harm upon his victim," FBI Acting Assistant Director in Charge Curtis said. "Officers of the law are not above the law, and the FBI is committed to investigating any instances in which a federal crime has been committed."

Stewart, who lives in Brooklyn, is charged with one count of deprivation of rights under color of law. The 44-year-old now faces a maximum sentence of 10 years in prison.

Williams praised the work of the FBI and also thanked the Westchester County District Attorney’s Office for their assistance.

The prosecution is being handled by the Office’s Civil Rights Unit in the Criminal Division.

Officials in Mount Vernon released a statement Thursday afternoon condemning the alleged conduct, but noted that the allegations should not detract from the officers on the force committed to keeping Mount Vernon safe.

"The alleged conduct predicating the Department of Justice's charges is abhorrent and erodes the public's trust in the hard-working men and women of the Mount Vernon Police Department," the statement said in part. "The Patterson-Howard administration understands the overwhelming feelings of betrayal expressed throughout our community and agrees that lawlessness from law enforcement has no place in our city and falls significantly short of our shared values."

Alluding to the death of George Floyd, the mayor's office promised to continue to fully cooperate with investigations into any allegations of police misconduct, past or present.

"While this incident and the grossly insufficient discipline prescribed to remedy this behavior pre-date this administration, we have been - and remain - fully committed to cooperating with the DOJ," the statement continued. "This incident underscores the urgent need for officers to intervene when the force used by their comrades is excessive. As a result of the George Floyd incident, in July 2020, the Patterson-Howard administration created a duty-to-intervene policy that requires law enforcement officers to intervene — regardless of rank — when they can prevent another officer from using unlawful force."

City officials said that while important reforms have been put in place since the troubling incident that led to today's charges, there is more that can be done.

"It is important to recognize that this officer's indictment is not an indictment of the entire Mount Vernon Police Department," city officials said. "Most of our officers are committed public servants working daily to make Mount Vernon safer. We will continue to work to ensure they get the resources and training they need to serve all the residents of this city with fairness and without bias."