Death of Michael Stewart

Michael Jerome Stewart (May 9, 1958, – September 28, 1983) was an African-American man who received recognition after his death following an arrest by New York City Transit Police for writing graffiti in soft-tip marker or using an aerosol can on a New York City Subway wall at the First Avenue station.

His treatment while in police custody and the ensuing trials of the arresting officers (all of whom were acquitted) sparked debate concerning police brutality and the responsibilities of arresting officials in handling suspects.

This was a widely publicized episode in New York City's history of police brutality cases.

Word of the arrest came out on September 15, 1983, as the Committee Against Racially Motivated Police Violence was holding a news conference to publicize a United States Congress hearing into complaints of police abuse.

Stewart had been arrested earlier that day.

He died at age 25, on September 28, after 13 days in a coma.

The cause of death was listed as cardiac arrest.

On September 15, 1983, aspiring artist and model Michael Stewart left the Pyramid Club in Manhattan's Lower East Side.

He was arrested at 2:50 a.m. for spraying graffiti at the First Avenue station on the Brooklyn-bound platform.

Transit Police Officer John Kostick found Stewart scrawling “RQS” on the wall and had him arrested.

Stewart allegedly said, "Hey, man, you got me."

Kostick cuffed Stewart and walked him to the turnstile to be identified.

As Stewart was still living with his parents, he asked the police not to call his home to wake them up.

Officer Kostick claimed Stewart was initially cordial, but suddenly ran off and had to be restrained while waiting for the arrest transport van.

“At the top [of the stairs], Stewart fell face-forward on the ground,” said Kostick.

The officer held Stewart to the ground until the van arrived, where several officers put him inside.

Stewart died on September 28, 1983, thirteen days after his arrest.

In charge of determining Stewart's cause of death was the city's medical examiner, Dr. Elliot M. Gross.

Gross had three separate findings.

He first declared Stewart had died due to excessive drinking, alcohol poisoning, which led to the coma and subsequent heart attack; thus, the police were not at fault.

Stewart's family and advocates were unconvinced and believed this was a “classic cover-up.”

In a second autopsy conducted a month later, Gross declared that Stewart had died from a spinal cord injury in the upper neck.

In his third assessment he said that Stewart died from blunt-force trauma.

According to The New York Times, “Gross declined to specify what caused the injury, explaining only that 'there are a number of possibilities as to how an injury of these type can occur.' He refused to talk to press unless testifying before the grand jury.”

Stewart was taken to the District 4 Transit Police station at 14th Street–Union Square, two stops away.

While being taken to the station, Kostick said, Stewart became “very violent” in the van.

Stewart struggled with the officers and ran to the street.

He was beaten unconscious.

He was hogtied, bound at the ankles and tethered hands-to-feet by an elastic strap.

During the struggle, Stewart's wails could be heard by 27 Parsons School of Design students from their dorm windows.

A Parsons student, Rebecca Reiss, heard Stewart say "Oh my God, someone help me", and "What did I do? What did I do?"

Rob Zombie, also a Parsons student at the time, recounted the incident in 2019 during an appearance on the September 16 episode of The Joe Rogan Experience podcast (#1353).

He stated that he and the other witnesses that night were subpoenaed to testify before a grand jury prior to the trial.

Stewart was booked at the Union Square District 4 transit police headquarters for resisting arrest and unlawful possession of marijuana.

The transit police supervisors deemed Stewart emotionally disturbed.

Stewart was placed back into the van and transported to Bellevue Hospital to undergo psychiatric observation.

Stewart arrived at Bellevue at 3:22 a.m. He was handcuffed, his legs were bound, and he was comatose with a blood alcohol content of 0.22, more than double the 0.10 threshold needed to arrest someone for drunk driving.

Stewart was dating Suzanne Mallouk at the time, and she went with his family to see him at the hospital.

According to Mallouk's account, Stewart had bruises and cuts on his body.

She said the doctors confirmed he was brain dead and had hemorrhaged in a way that suggested he had either been choked or strangled.