Attorney General’s Report Clears Suffolk Police Officers in 2021 Incident

By Hank Russell

A report that was released from New York Attorney General Letitia James’ office on May 17 found that three Suffolk County police officers, who responded to an incident three years ago in Port Jefferson Station where a suspect died while attempting to be handcuffed, were not found to have committed any criminal activity.

On the evening of September 23, 2021, SCPD officers responded to a 911 call reporting a man bleeding heavily outside a house on Superior Street. When the first officer arrived at the scene at 9:18 p.m., she found Osiris Mercado on the ground bleeding from his head.

She attempted to engage Mercado, but he did not seem to hear her, and instead jumped up and ran in the street while screaming incoherently. The officer called for backup, and as additional officers arrived, they managed to guide Mercado off of the street and back to the grass, where they attempted to restrain Mercado so that the paramedics could assess his condition and render aid.

After the officers brought Mr. Mercado to the ground, they struggled to handcuff him because he was flailing his arms. After he was fully handcuffed, Mercado became unresponsive and the officers described him as being “lifeless.” Paramedics administered Narcan and placed Mr. Mercado in the ambulance. During the ride to the hospital, Mercado went into cardiac arrest and was later pronounced dead at the hospital.

Under federal and New York state law, police officers have the authority to detain a person who is an immediate danger to themselves or others, or when a person’s behavior demonstrates a need for urgent action. After being interviewed by the AG’s Office of Special Investigations, Officers Kristen Magliola, Douglas Goldman and Brian Christopher were not found to be responsible for Mercado’s death.

“In this case, officers had a reasonable basis to restrain Mr. Mercado because he was behaving irrationally, appeared to be experiencing a medical emergency, and was a danger to himself and others,” James’ office said in a statement. “Under these circumstances, based on the law and the evidence, a prosecutor would not be able to prove beyond a reasonable doubt that the officers caused Mr. Mercado’s death or committed a crime, and OSI determined that criminal charges could not be pursued in this matter.”

Long Island Life & Politics reached out to the SCPD for comment, but did not hear back as of press time.