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Cop called to help man in crisis instead tased him 7 times in 2 minutes in NY, feds say

A police sergeant faces a federal charge in connection with tasing a man in crisis in New York, federal prosecutors say.
A police sergeant faces a federal charge in connection with tasing a man in crisis in New York, federal prosecutors say. Getty Images/istockphoto

A police sergeant in New York surrendered to the FBI four years after tasing a man seven times while he was handcuffed and on the ground — in violation of his rights, federal prosecutors said.

Sgt. Mario Stewart, 44, of Brooklyn, was the supervising officer when he and six other Mount Vernon police officers responded to a man experiencing a mental health crisis at a parking lot in the suburb of New York City, according to an indictment filed July 19 in federal court.

Under Stewart’s direction, officers on the scene handcuffed the man behind his back and placed his legs in a restraint bag before he was to be transported for medical help, the indictment says.

While the man was on the ground, immobile in handcuffs and restraints, Stewart repeatedly tased him in front of the other officers, according to the indictment.

Now, Stewart is charged with deprivation of rights under color of law, the U.S. Attorney’s Office for the Southern District of New York announced in a July 20 news release.

“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,” U.S. Attorney Damian Williams said in the news release. “Stewart’s alleged conduct not only betrayed his duty as an officer to protect those under his charge, but also violated the law.”

Information regarding Stewart’s legal representation wasn’t available the afternoon of July 21.

Stewart was a sergeant in the department’s emergency services unit, which handles mental health calls, when he responded to the man in emotional distress in March 2019, according to prosecutors.

After officers secured the man’s legs in a restraint bag that day, they unsuccessfully tried pulling the restraint bag over his chest because the man grasped one of the straps, prosecutors said.

This led to Stewart ordering the man to let go of the straps moments before tasering him, according to prosecutors.

McClatchy News contacted the Mount Vernon Police Department for comment and to inquire about his employment status on July 21 and was awaiting a response.

If convicted on one count of deprivation under color of law, Stewart may face up to 10 years in prison, prosecutors said.

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This story was originally published July 21, 2023 at 3:04 PM with the headline "Cop called to help man in crisis instead tased him 7 times in 2 minutes in NY, feds say."

Julia Marnin
McClatchy DC
Julia Marnin covers courts for McClatchy News, writing about criminal and civil affairs, including cases involving policing, corrections, civil liberties, fraud, and abuses of power. As a reporter on McClatchy’s National Real-Time Team, she’s also covered the COVID-19 pandemic and a variety of other topics since joining in 2021, following a fellowship with Newsweek. Born in Biloxi, Mississippi, she was raised in South Jersey and is now based in New York State.
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