AFRICANGLOBE – A police review panel has recommended disciplinary charges against three Staten Island cops — all assigned to the precinct already under fire in Eric Garner’s death — for using excessive force and failing to get medical treatment for a 52-year-old man who died while in custody.
Irving Mizell’s death was ruled ‘accidental’ by the medical examiner after he died in NYPD custody due to an alleged heart attack. A new lawsuit claims Mizell was ‘viciously beaten, and assaulted’ out of view of security cameras.
A lawsuit filed this week in Brooklyn Federal Court says Irving Mizell was beaten by cops who arrested him on March 7, 2013, after he violated an order of protection his girlfriend had against him.
Mizell was taken into custody about 6:30 p.m. outside the woman’s apartment door. He was then removed to the stairwell where the officers “viciously beat, and assaulted him while dragging him down seven flights of stairs,” out of view of security cameras in the elevators, according to the suit.
Mizell’s complaints of having difficulty breathing while he was being booked at the 120th Precinct were ignored until he allegedly collapsed at 8:57 p.m. He was pronounced dead at Richmond University Medical Center.
The medical examiner ruled his death was “accidental” due to an alleged heart attack and acute intoxication from the combined effects of alcohol and Valium.
Thomas Giuffra, the lawyer representing Mizell’s family in the wrongful death suit, said the autopsy also showed multiple blunt impact injuries to the dead man’s head, torso and extremities, multiple cuts and a bruised lung.
“To say his death was an ‘accident’ is absurd,” Giuffra said. “It’s shocking to me that this could happen in New York City in the 21st century.”
Last week, the Civilian Complaint Review Board informed Giuffra that its probe had substantiated allegations that cops Megan Carroll and Earl Javellana did not obtain medical treatment for Mizell.
The independent board also found Officer Todd Craven used excessive force and gave investigators a false statement. The CCRB findings have been sent to NYPD Commissioner Bill Bratton.
All three cops remain on full duty, police said. A spokesman for the city Law Department said the suit will be reviewed when the papers are received. An NYPD spokeswoman declined comment.
Mizell’s controversial death comes to light as cops from the 120th Precinct are under scrutiny on allegations they caused the July 17 death of 43-year-old Eric Garner by using a prohibited chokehold and failing to render aid to the stricken man.
A review has also found that seven of the city’s 10 most-sued cops are assigned to a narcotics unit in the 120th Precinct.
George Mizell, 51, the victim’s brother, acknowledged his sibling had a drinking problem but said he was “absolutely harmless.”
“It was cruel. My brother was like a bird with broken wings and they stepped on him,” Mizell said. “They thought he was a drunk, a nobody who would get a beating and nobody would find out. Well, now they’re going to find that they were wrong.”
By: John Marzulli