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Federal probe demanded after Newark man dies in police custody

Federal probe demanded after Newark man dies in police custody

NEWARK — Nancy Velazquez wants to know why the father of her children is dead.

The last time she saw Michael Mercado, the 37-year-old man was struggling with police officers outside their apartment on Oxford Street. He was suffering another episode of bipolar disorder, which he had battled for more than a decade.

As Mercado lay on the ground in handcuffs, Velazquez, 32, was ushered away by police. Three hours later, she was standing in a waiting room at University Hospital, listening to someone say Mercado was dead.

While police internal-affairs investigators probe the circumstances of the Newark man’s death, family and neighbors have called for a federal investigation. They allege he died after an overzealous officer used excessive force in the March 4 incident.

"I want to know what happened. I need to know what happened," said Velazquez, the mother of Mercado’s three daughters, ages 6, 8 and 14. "Michael was alive and well."

Police say Velazquez called police to the family’s Oxford Street apartment after Mercado assaulted her shortly before 1 a.m., said Katherine Carter, a spokeswoman for the Essex County Prosecutor’s Office.

The officers of the police department’s crisis unit and Mercado were involved in a brief altercation, but he fell motionless after he was placed in handcuffs, Carter said.

The two officers at the scene called for medical attention, she said, but Mercado died a short time later.

Velazquez, however, says she never told police Mercado struck her. She says she called officers because Mercado was suffering a schizophrenic episode and trying to break into her sister Nancy’s apartment.

Police subdued him, but only after one officer took a running start and leapt onto Mercado, punching him in the chest while he was on the ground, according to 45-year-old Texidor Ortiz, a neighbor in the apartment complex.

"He kept running, and he jumped on Mike when he was on the floor, and the other cop was trying to turn him around," Ortiz said.

Preliminary autopsy reports show Mercado’s death was not related to any physical trauma, according to Carter. She said investigators are awaiting toxicology results to determine actual cause of death. Carter and a city police spokesman declined to answer any further questions, citing the internal investigation.

An attorney for Mercado’s family said the history of Newark police regarding complaints of excessive force suggests the officers may have crossed a line while arresting Mercado.

To make his point, attorney Joseph Girante held a copy of a petition filed in 2010 by the state chapter of the American Civil Liberties Union alleging rampant misconduct within the police department. Girante said a "lack of training" played a role in Mercado’s death.

"There is a demonstrated history of police misconduct in this city," he said. "How this healthy 37-year-old man ends up dead in front of his family, to me, is appalling."

The federal Department of Justice is investigating city police practices, and has yet to determine what, if any, reforms are needed in the state’s largest police department.

Police officers often struggle to properly handle mentally ill patients, and most officers could benefit from further training on the issue, said Deborah Jacobs, executive director of the ACLU state chapter.

"Nationwide, we have seen numerous problems stemming from interactions between police officers and mentally ill citizens, many of which result in tragedy," she said. "Without adequate training, police officers may have difficulty identifying and managing interactions with mentally ill people."

The extent of Newark police training to handle such cases was unclear, and police officials would not comment for this article.

According to the National Institute of Mental Health, bipolar disorder, also known as manic-depressive illness, is a brain disorder causing unusual shifts in mood, energy and activity levels. Although treatable, it can result in damaged relationships, poor job or school performance, and even suicide.

Velazquez said Mercado’s family has a history of mental illness, but his condition worsened after his sister’s recent death. Despite suffering from both schizophrenia and bipolar disorder, Mercado made efforts to see a therapist and regularly take medication, hoping to get better for his daughters, Velazquez said.

"He loved his daughters, and those daughters loved him," she said. "He tried every day."