David L. Mercado

Badge #3783, Hispanic Male, 40
Detective Specialist at Emergency Service Squad 06 since February 2019
Also served at Patrol Borough Brooklyn North, 77th Precinct, Patrol Borough Brooklyn North Specialized Units
Service started January 2012, made $179,000 last year, Tax #952007

Substantiated Allegations:
Force: Chokehold
Force: Other
Force: Physical force
Abuse of Authority: Frisk (2)
Abuse of Authority: Improper use of body-worn camera
Abuse of Authority: Refusal to provide name
Abuse of Authority: Refusal to provide name/shield number
Abuse of Authority: Refusal to provide shield number
Abuse of Authority: Search (of person)
Abuse of Authority: Stop (2)


Lawsuit Settlements:
$12,000   Mckinney, Lakee vs City of New York, et al., 2019 EDNY EDNY 19CV01089
$15,000   Colon, Jasmin vs City of New York, et al., 2016 KCSC KCSC 509488/2016
$9,350   Harrell, Phillip & Servius, Wigens vs City of New York, et al., 2015 EDNY EDNY 15CV00454
$13,679   Northeastern Conference Corporation of Seventh-Day Adventists vs City of New York, et al., 2014 KCSC KCSC 510986/2014
$1,100,000   Rosario, Mabel vs City of New York, et al., 2014 KCSC KCSC 506553/2014
View Details

Complaints

9 Complaints
26 Allegations
12 Substantiated
9 Substantiated (Charges)
2 Substantiated (Command Discipline A)
1 Substantiated (Formalized Training)
1 Complainant Unavailable
3 Complainant Uncooperative
1 Exonerated
3 Unfounded
3 Unsubstantiated
3 Within NYPD Guidelines

Complaint #202503295, March 2025
Allegation: Force: Physical force
Complainant: White Female, 65-69
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Property damaged
Complainant: White Female, 65-69
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202403158, March 2024
Allegation: Abuse of Authority: Improper use of body-worn camera
Complainant: Female, 55-59
CCRB Conclusion: Substantiated (Formalized Training)
Penalty: Formalized Training
additional details

Complaint #202308721, September 2023
Allegation: Force: Other
Complainant: Hispanic Male, 35-39
CCRB Conclusion: Within NYPD Guidelines
Allegation: Force: Physical force
Complainant: Hispanic Male, 35-39
CCRB Conclusion: Unfounded
additional details

Complaint #202207158, December 2021
Allegation: Abuse of Authority: Threat of arrest
Complainant: White Female, 35-39
CCRB Conclusion: Unfounded
Allegation: Discourtesy: Word
Complainant: White Female, 35-39
CCRB Conclusion: Unfounded
additional details

Complaint #202004084, June 2020
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Male, 50-54
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Male, 50-54
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Male, 50-54
CCRB Conclusion: Substantiated (Command Discipline A)
NYPD Conclusion: APU Closed: Charges not served
APU Case Status: Closed: Charges not served, June 15, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details

Complaint #201607556, August 2016
Allegation: Abuse of Authority: Refusal to provide name/shield number
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
Allegation: Force: Other
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
Allegation: Force: Chokehold
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Not guilty
Allegation: Force: Chokehold
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Force: Physical force
Complainant: Black Male, 18
CCRB Conclusion: Exonerated
Allegation: Force: Other
Complainant: Black Male, 18
CCRB Conclusion: Unsubstantiated
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 18
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Guilty after trial-PC Approved, May 17, 2019
Penalty: Forfeit vacation 15 days
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details

Complaint #201508826, October 2015
Allegation: Abuse of Authority: Stop
Complainant: Black Male, 22
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 22
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 22
CCRB Conclusion: Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 7 days
APU Case Status: Closed: Resolved by plea, March 27, 2018
Penalty: Forfeit vacation 7 days
Documents: Complaint Closing Report
additional details

Complaint #201311532, December 2013
Allegation: Force: Physical force
Complainant: Male, 34
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #201304197, May 2013
Allegation: Force: Physical force
Complainant: Black Male, 33
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 33
CCRB Conclusion: Complainant Uncooperative
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 33
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #202503295, March 2025
Allegation Complainant CCRB Conclusion
Force: Physical force White Female, 65-69 Within NYPD Guidelines
Abuse of Authority: Property damaged White Female, 65-69 Within NYPD Guidelines
additional details
Complaint #202403158, March 2024
Allegation Complainant CCRB Conclusion
Abuse of Authority: Improper use of body-worn camera Female, 55-59 Substantiated (Formalized Training)
Penalty: Formalized Training
additional details
Complaint #202308721, September 2023
Allegation Complainant CCRB Conclusion
Force: Other Hispanic Male, 35-39 Within NYPD Guidelines
Force: Physical force Hispanic Male, 35-39 Unfounded
additional details
Complaint #202207158, December 2021
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of arrest White Female, 35-39 Unfounded
Discourtesy: Word White Female, 35-39 Unfounded
additional details
Complaint #202004084, June 2020
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Male, 50-54 Unsubstantiated
Abuse of Authority: Refusal to provide name Male, 50-54 Substantiated (Command Discipline A)
Abuse of Authority: Refusal to provide shield number Male, 50-54 Substantiated (Command Discipline A)
NYPD Conclusion: APU Closed: Charges not served
APU Case Status: Closed: Charges not served, June 15, 2023
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details
Complaint #201607556, August 2016
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide name/shield number Black Male, 18 Substantiated (Charges)
NYPD Conclusion: APU Guilty
Force: Other Black Male, 18 Substantiated (Charges)
Force: Physical force Black Male, 18 Substantiated (Charges)
NYPD Conclusion: APU Guilty
Force: Chokehold Black Male, 18 Substantiated (Charges)
NYPD Conclusion: APU Guilty
Abuse of Authority: Stop Black Male, 18 Substantiated (Charges)
NYPD Conclusion: APU Not guilty
Force: Chokehold Black Male, 18 Unsubstantiated
Force: Physical force Black Male, 18 Exonerated
Force: Other Black Male, 18 Unsubstantiated
Abuse of Authority: Frisk Black Male, 18 Substantiated (Charges)
NYPD Conclusion: APU Not guilty
APU Case Status: Closed: Guilty after trial-PC Approved, May 17, 2019
Penalty: Forfeit vacation 15 days
Documents: APU Quarterly Report summary
Complaint Closing Report
additional details
Complaint #201508826, October 2015
Allegation Complainant CCRB Conclusion
Abuse of Authority: Stop Black Male, 22 Substantiated (Charges)
Abuse of Authority: Frisk Black Male, 22 Substantiated (Charges)
Abuse of Authority: Search (of person) Black Male, 22 Substantiated (Charges)
NYPD Conclusion: APU Guilty
APU Plea Penalty: Forfeit vacation 7 days
APU Case Status: Closed: Resolved by plea, March 27, 2018
Penalty: Forfeit vacation 7 days
Documents: Complaint Closing Report
additional details
Complaint #201311532, December 2013
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 34 Complainant Unavailable
additional details
Complaint #201304197, May 2013
Allegation Complainant CCRB Conclusion
Force: Physical force Black Male, 33 Complainant Uncooperative
Abuse of Authority: Vehicle search Black Male, 33 Complainant Uncooperative
Abuse of Authority: Search (of person) Black Male, 33 Complainant Uncooperative
additional details

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Discipline

Case: 2022-26392
Closed: 2/14/2023
Case Details:
  1. Violated patrol rules.
Recommendation: Charges and Specifications

Case: 2022-26393
Closed: 1/10/2023
Case Details:
  1. Failed to activate their body worn camera.
Recommendation: Other

Case: 2017-17014
Closed: 9/14/2017
Case Details:
  1. Guilty: Refused to provide his name and shield number to a person known to the Department without sufficient legal authority.
  2. Guilty: Wrongfully used force against a person known to the Department in that he pressed his forearm against the individual's neck, thereby causing his breathing to be restricted or hindered.
  3. Guilty: Wrongfully used force in that he struck a person known to the deparment about the chest without police necessity.
  4. Guilty: Wrongfully used force in that he used physical force against a person known to the Department,
  5. Guilty: Wrongfully used force in the he struck a person known to the Department about the face without police necessity.
Penalty: Vacation days (15 days)

Case: 2016-15409
Closed: 4/11/2016
Case Details:
  1. Guilty: While on-duty, abused his authority as a member of the New York City Police Department, in that he frisked a person known to the Department without sufficient legal authority.
  2. Guilty: While on-duty, abused his authority as a member of the New York City Police Department, in that he searched a person known to the Department without sufficient legal authority.
  3. Guilty: While on-duty, abused his authority as a member of the New York City Police Department, in that he stopped a person known to the Department without sufficient legal authority.
Penalty: Vacation days (7 days)


Lawsuits

Named in 7 known lawsuits, $1,150,029 total settlements.

Gist, Domonique vs City of New York, et al.
Case # 521213/2019, Supreme Court - Kings, October 15, 2019
Complaint
Description: The March 26, 2018, plaintiff was driving home with some friends in the car when he was pulled over by defendant NYPD officers outside of Sunset Park Recreation Center. The defendants immediately directed the plaintiff and his friends to step out of the vehicle. Shortly after, the defendants forcibly grabbed the plaintiff and removed him and applied tight handcuffs to his wrists. The plaintiff was then transported to the 72nd Precinct and searched but nothing was recovered.

Mckinney, Lakee vs City of New York, et al.
Case # 19CV01089, U.S. District Court - Eastern District NY, March 5, 2019, ended November 19, 2019
$12,000 Settlement
Complaint
Description: Plaintiff, Lakee McKinney, sued NYPD through the City of New York for illegal detention, false arrest, excessive force, failure to train, supervise, and discipline officers. On August 27, 2016, McKinney was standing outside of his home when Officers Gerard Cash, Salvatore Merlore, and David Mercado approached him in plain clothing. The officers immediately grabbed McKinney, pinned him against a pole, and searched him. During this encounter Officers punched McKinney, and put him in a potentially lethal illegal chokehold. After the search, the police officers didn't find anything relevant, and they returned to their vehicles without identifying themselves. The plaintiffs CCRB complaints against them were substant...

Jackson, Melquan vs City of New York, et al.
Case # 515598/2018, Supreme Court - Kings, August 2, 2018
Complaint
Description: On or about September 30, 2015, Melquan Jackson (Plaintiff) was unlawfully seized by NYPD police officers Denisha Pierre, Marcel Francis, Frank Wolf, Ricardo Otero, Adjie Headad, and David Mercado (Defendants), in a taxi in Kings County. The Defendants used excessive force to grab, handcuff, and physically restrain Plaintiff without legal cause, causing him significant physical pain and mental suffering. Defendants stopped the taxi, ordered the Plaintiff out, and conducted a search without consent or probable cause. The Plaintiff was then falsely arrested, detained for a week, and subjected to numerous unlawful strip searches. The Defendants went on to maliciously prosecute the Plaintiff despite the absence of...

Colon, Jasmin vs City of New York, et al.
Case # 509488/2016, Supreme Court - Kings, July 5, 2016, ended May 12, 2017
$15,000 Settlement
Complaint
Description: On or about March 24, 2015, defendant NYPD officers Hector Justinico and David Mercado subjected to plaintiff to an unlawful search and seizure, false arrest/imprisonment and malicious prosecution. Specifically, officers pulled over a vehicle plaintiff was a passenger in, searched them and charged plaintiff for drug possession, although all she had was Tylenol. Defendant officers then instigated a malicious prosecution against Plaintiff. Plaintiff's case was dismissed after a laboratory analysis confirmed that she did not possess a controlled substance. Plaintiff sustained physical and emotional injuries as a result of this incident. FYI, the defendant NYPD officers' Tax #s are redacted in this complaint. H...

Harrell, Phillip & Servius, Wigens vs City of New York, et al.
Case # 15CV00454, U.S. District Court - Eastern District NY, February 5, 2015, ended May 26, 2015
$9,350 Settlement
Complaint
Description: On November 1, 2013, plaintiff Servius and plaintiff Harrell's brother were outside conversing after a funeral. Defendant officers David Mercado, Ryan Gaynor, Peter Sotiriou, and 5 other John Does, approached the two outside. Officers made them produce ID, searched a parked vehicle, searched their persons, questioned, and harassed them. In response to learning the two came from a funeral, officers mocked the two men claiming that plaintiff Servius possessed marijuana, and asking if they mourn by smoking weed. Servius explained that they had no contraband. Plaintiff Harrell, seeing what was happening, came over and asked what was going on. One officer rushed at Harrell and began pushing, hitting, and punching hi...

Northeastern Conference Corporation of Seventh-Day Adventists vs City of New York, et al.
Case # 510986/2014, Supreme Court - Kings, November 26, 2014, ended June 10, 2019
$13,679 Settlement

Rosario, Mabel vs City of New York, et al.
Case # 506553/2014, Supreme Court - Kings, July 22, 2014, ended November 28, 2018
$1,100,000 Settlement

Other Documents