Michael Stewart (graffiti Artist)
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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 The New York City Transit Police Department was a law enforcement agency in New York City that existed from 1953 (with the creation of the New York City Transit Authority) to 1995, and is currently part of the NYPD. The roots of this organiz ...
for writing
graffiti Graffiti (singular ''graffiti'', or ''graffito'' only in graffiti archeology) is writing or drawings made on a wall or other surface, usually without permission and within public view. Graffiti ranges from simple written "monikers" to elabor ...
in soft-tip marker or using an aerosol can on a
New York City Subway The New York City Subway is a rapid transit system in New York City serving the New York City boroughs, boroughs of Manhattan, Brooklyn, Queens, and the Bronx. It is owned by the government of New York City and leased to the New York City Tr ...
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 Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or Public order policing, a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, b ...
and the responsibilities of arresting officials in handling suspects. This was a widely publicized episode in
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
'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 The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
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 Cardiac arrest (also known as sudden cardiac arrest CA is when the heart suddenly and unexpectedly stops beating. When the heart stops beating, blood cannot properly Circulatory system, circulate around the body and the blood flow to the ...
.


Arrest and death

On September 15, 1983, aspiring artist and model Michael Stewart left the Pyramid Club in Manhattan's
Lower East Side The Lower East Side, sometimes abbreviated as LES, is a historic neighborhood in the southeastern part of Manhattan in New York City. It is located roughly between the Bowery and the East River from Canal to Houston streets. Historically, it w ...
after 2 a.m.Bono, Sal (December 15, 2020; updated December 19, 2020)
The Case of Michael Stewart, the New York Artist Some Say Was Sentenced to Death for Drawing on Subway Tile.
Inside Edition. Retrieved April 29, 2025.
He left the club with a friend, and shared a cab to the nearest subway station at 14th Street and 1st Avenue. At the station, a gate agent stated that Stewart hopped the turnstile and did not pay the subway fare. 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 f 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; witnesses stated that eleven police officers, all of whom were white, assisted in Stewart's arrest. 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 The Parsons School of Design is a private art and design college under The New School located in the Greenwich Village neighborhood of New York City. Founded in 1896 after a group of progressive artists broke away from established Manhattan art ...
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 Robert Bartleh Cummings (born January 12, 1965), known professionally as Rob Zombie, is an American singer, songwriter, record producer, filmmaker, and actor. His music and lyrics are notable for their horror and sci-fi themes, and his live show ...
, 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 ''The Joe Rogan Experience'' is a podcast hosted by American comedian, presenter, and UFC color commentator Joe Rogan. It was initiated on December 24, 2009, on YouTube by Rogan and comedian Brian Redban, who was its sole co-host and produce ...
'' 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 Cannabis (), commonly known as marijuana (), weed, pot, and ganja, List of slang names for cannabis, among other names, is a non-chemically uniform psychoactive drug from the ''Cannabis'' plant. Native to Central or South Asia, cannabis has ...
. The transit police supervisors deemed Stewart emotionally disturbed. Stewart was placed back into the van and transported to
Bellevue Hospital Bellevue Hospital (officially NYC Health + Hospitals/Bellevue and formerly known as Bellevue Hospital Center) is a hospital in New York City and the oldest public hospital in the United States. One of the largest hospitals in the United States ...
to undergo psychiatric observation. Stewart arrived at Bellevue at 3:22 a.m. He was handcuffed, his legs were bound, and he was
coma A coma is a deep state of prolonged unconsciousness in which a person cannot be awakened, fails to Nociception, respond normally to Pain, painful stimuli, light, or sound, lacks a normal Circadian rhythm, sleep-wake cycle and does not initiate ...
tose with a
blood alcohol content Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes. BAC is expressed as mass of alcohol per volume of blood. In US and many i ...
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. Stewart died on September 28, 1983, thirteen days after his arrest.


Aftermath


Postmortem examination

In charge of determining Stewart's cause of death was the city's
medical examiner The medical examiner is an appointed official in some American jurisdictions who is trained in pathology and investigates deaths that occur under unusual or suspicious circumstances, to perform post-mortem examinations, and in some jurisdicti ...
, Dr. Elliot M. Gross. Gross had three separate findings. He first declared Stewart had died due to excessive
drinking Drinking is the act of ingesting water or other liquids into the body through the mouth, proboscis, or elsewhere. Humans drink by swallowing, completed by peristalsis in the esophagus. The physiological processes of drinking vary widely among ...
,
alcohol poisoning Alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of alcohol. The technical term ''intoxication ...
, which led to the coma and subsequent
heart attack A myocardial infarction (MI), commonly known as a heart attack, occurs when Ischemia, blood flow decreases or stops in one of the coronary arteries of the heart, causing infarction (tissue death) to the heart muscle. The most common symptom ...
; 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 A spinal cord injury (SCI) is damage to the spinal cord that causes temporary or permanent changes in its function. It is a destructive neurological and pathological state that causes major motor, sensory and autonomic dysfunctions. Symptoms of ...
in the upper neck. In his third assessment he said that Stewart died from blunt-force trauma. According to ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', "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." Gross said Stewart's injuries, including the facial bruising and the abrasions on his wrists sustained during his arrest, were not said to contribute to his death. Nurses said his hands and face were blue when he arrived at the hospital, and that it took 3 minutes to remove the cuffs. They also said that he had been beaten brutally. Doctors hired by Stewart's family to perform a secondary autopsy contradicted the findings in the final autopsy report done by Gross, finding that the cause of death was strangulation. Gross said there was no evidence of strangulation. Stewart's eyes were not provided for examination by the doctors hired by Stewart's family. The eyes were crucial because they would have shown evidence of hemorrhaging due to lack of oxygen from being strangled. Claims of Gross's incompetence led the Stewart family to call for a petition to remove him as chief medical examiner claiming alleged wrongdoing and the medical examiners office cannot be trusted with the safekeeping of items. Dr. Gross was later fired.


Grand jury investigation and trials

A
grand jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
investigation was initiated in October 1983 to determine what happened to Stewart in the 32 minutes between being arrested and his delivery to the hospital. On October 19, about twenty black community leaders, including City Councilwoman Mary Pinkett, protested outside the
Manhattan District Attorney The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County, New York. The office is responsible for the prosecution of violations of New York state laws (federal la ...
Robert M. Morgenthau's office at the Criminal Court Building. Morgenthau refused to see the group, stating that it would be inappropriate to comment before the case went to the grand jury in November 1983. The medical examiner's final report, issued on November 2, differed from his preliminary report. Gross declined to state explicitly what caused the death, but reported that Stewart died of "physical injury to the spinal cord in the upper neck" and concluded that there were "a number of possibilities as to how an injury of this type can occur". During the five-month trial in the
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
, some witnesses testified that Stewart was struck and kicked by officers, while other witnesses said they did not see officers beat Stewart. None were able to determine who was responsible for handling Stewart, and none were able to identify which officers took which actions at the arrest. Experts could not agree on what combination of injuries, intoxication, and cardiac health issues ended Stewart's life. Seven months into the grand jury investigation, the case was dismissed because a juror, Ronald P. Fields, initiated private investigations on the case. In February 1984, a second grand jury introduced the case before Justice George F. Roberts which indicted three officers, John Kostick, Anthony Piscola and Henry Boerner, with criminally negligent homicide, assault and perjury. Three other officers, Sgt. Henry Hassler, Sgt. James Barry and Susan Techky, who denied that they saw officers kick Stewart, were charged with perjury. In June 1985, jury selection began in State Supreme Court in Manhattan for the trial. Prosecutor Morgenthau went to the second trial with two theories, one of neck injury leading to the death and the other that beatings caused cardiac arrest. Prosecutors pushed for second degree manslaughter to be charged if it was determined the officers recklessly caused the death. The jury was instructed that to support a charge of criminally negligent homicide, they had to find that the officers failed to take reasonable steps to prevent death. The prosecution hoped to establish a law requiring officers to "have an affirmative duty to protect prisoners in their custody from abuse". William McKechnie, of the Transit Patrolman's Benevolent Association, denied the officers' role in the death stating, "If someone dies of a heart attack, we are not doctors". The New York Civil Liberties Union believed the second set of indictments signaled a new direction in how prosecutors treat police abuse cases. Richard Emery, a lawyer for the New York Civil Liberties Union, stated, "The theory underlining this case is perhaps the most important development in stemming the tide of police abuse. It makes police officers strictly responsible for their prisoners. It holds them accountable." On November 24, 1985, the six officers were acquitted by an
all-white jury Racial discrimination in jury selection is specifically prohibited by law in many jurisdictions throughout the world. In the United States, it has been defined through a series of judicial decisions. However, juries composed solely of one racial ...
. In 1987, the Stewart family brought $40-million civil lawsuit against the eleven officers and the MTA. Consequently, hundreds of off-duty transit police officers marched along Madison Avenue in front of the MTA's headquarters carrying signs reading "End the witch hunt" and "When are we finally innocent?" In August 1990, Stewart's parents and his siblings John and Lisha Cole Stewart settled the civil lawsuit out of court for $1.7 million. Neither the police nor city officials took responsibility for the death of Michael Stewart.


Reactions

Stewart's family called his death an act of racism and brutality. Attorneys representing the Stewart family described Michael as "a retiring and almost docile 135-pound young artist and a
Pratt Institute Pratt Institute is a private university with its main campus in Brooklyn, New York. It has an additional campus in Manhattan and an extension campus in Utica, New York at the Munson-Williams-Proctor Arts Institute. The institute was founded in 18 ...
student" who was on his way home to his
Clinton Hill, Brooklyn Clinton Hill is a neighborhood in north-central Brooklyn, a borough of New York City. It is bordered by the Brooklyn Navy Yard and Flushing Avenue to the north, Williamsburg to the northeast, Classon Avenue and Bedford–Stuyvesant to the ea ...
neighborhood where he lived with his mother, Carrie, and father, Millard, who was a retired Metropolitan Transit Authority maintenance worker. They maintained that the white officers had beaten a black artist and model. It stirred public protests by black activists and others, believing that city officials were covering up for the transit police. In 1984, Franck Lazare Goldberg directed a short documentary titled ''Who Killed Michael Stewart?'' about the killing. In March 1987, the MTA determined that only one officer, John Kostick, was subject to suspension based on departmental charges of perjury. The MTA Board approved additional training for transit officers in the handling of emotionally disturbed people and changed its policies on how the department's internal affairs unit becomes involved with cases of possible misconduct. In 2025, ''The Man Nobody Killed: Life, Death, and Art in Michael Stewart's New York,'' by Elon Green was published. ''New York Times'' critic James Lasdum said the book "...is part elegy for Stewart himself, part portrait of the city that failed him. It avoids drawing explicit parallels with our own time, but then it hardly needs to."


Tributes

* The death of Radio Raheem by a police choke-hold in
Spike Lee Shelton Jackson "Spike" Lee (born March 20, 1957) is an American film director, producer, screenwriter, actor, and author. His work has continually explored race relations, issues within the black community, the role of media in contemporary ...
's 1989 film ''
Do the Right Thing ''Do the Right Thing'' is a 1989 American comedy-drama film produced, written and directed by Spike Lee. It stars Lee, Danny Aiello, Ossie Davis, Ruby Dee, Richard Edson, Giancarlo Esposito, Bill Nunn, John Turturro and Samuel L. Jackson an ...
'' is inspired by Michael Stewart's arrest, as confirmed by Lee on ''
The Tonight Show Starring Jimmy Fallon ''The Tonight Show Starring Jimmy Fallon'' is an American late-night talk show hosted by actor and comedian Jimmy Fallon that airs on NBC. The show premiered on February 17, 2014, and is produced by Broadway Video and Universal Television. It i ...
''. The film is dedicated to the families of Michael Stewart and other victims of police violence in New York. * In the song "Graffiti Limbo" penned by songwriter
Michelle Shocked Michelle Shocked (born Karen Michelle Johnston; February 24, 1962) is an American singer-songwriter. Her music has entered the ''Billboard'' Hot 100, been nominated for the Grammy Award for Best Contemporary Folk Album, and received an award ...
on her '' Short Sharp Shocked'' release, an extra verse she sings live is not on the album: "You see in order to determine that Michael Stewart was strangled to death / The coroner had to use Michael Stewart's eyeballs, his eyes, as evidence, / So now when I tell you it was Michael Stewart's eyes that the coroner lost / Do you know what I mean when I say that justice is blind." * "Hold On" from
Lou Reed Lewis Allan Reed (March 2, 1942October 27, 2013) was an American musician and songwriter. He was the guitarist, singer, and principal songwriter for the rock band the Velvet Underground and had a solo career that spanned five decades. Althoug ...
's album ''
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
'' contains the following line: "The dopers sent a message to the cops last weekend they shot him in the car where he sat. And
Eleanor Bumpurs On October 29, 1984, Eleanor Bumpurs was shot and killed by the New York City Police Department (NYPD). The police were present to enforce a city-ordered eviction of Bumpurs, an elderly and disabled African American woman, from her New York Housi ...
and Michael Stewart must have appreciated that." * Artist
Jean-Michel Basquiat Jean-Michel Basquiat (; December 22, 1960 – August 12, 1988) was an American artist who rose to success during the 1980s as part of the neo-expressionism movement. Basquiat first achieved notoriety in the late 1970s as part of the graffiti ...
created ''
Defacement (The Death of Michael Stewart) ''The Death of Michael Stewart'', known as ''Defacement'', is a painting created by American artist Jean-Michel Basquiat in 1983. The artwork is Basquiat's response to anti-Black racism and police brutality. It memorializes the death of Michael ...
'' as a response to his death. * Stewart's girlfriend Suzanne Mallouk informed SoHo art galleries and the downtown New York City nightclubs such as the Berlin and the Pyramid Club where they both worked to help raise financial support and awareness of Stewart's death.
Keith Haring Keith Allen Haring (May 4, 1958 – February 16, 1990) was an American artist whose pop art emerged from the Graffiti in New York City, New York City graffiti subculture of the 1980s. His animated imagery has "become a widely recognized visual l ...
donated money and
Madonna Madonna Louise Ciccone ( ; born August 16, 1958) is an American singer, songwriter, record producer, and actress. Referred to as the "Queen of Pop", she has been recognized for her continual reinvention and versatility in music production, ...
performed at a benefit at
Danceteria Danceteria was a nightclub that operated in New York City from May 1980 until 1986 and in the Hamptons until 1995. The club operated in various locations over the years, a total of three in New York City and four in the Hamptons. The most famous l ...
. * For his 1985 show at Tony Shafrazi gallery
Keith Haring Keith Allen Haring (May 4, 1958 – February 16, 1990) was an American artist whose pop art emerged from the Graffiti in New York City, New York City graffiti subculture of the 1980s. His animated imagery has "become a widely recognized visual l ...
did a painting about Stewart's death, titled ''Michael Stewart – USA for Africa''. It depicts a black man being strangled while handcuffed to a skeleton holding a key. People from all nations drown in a river of blood below, while others shield their eyes from the scene, and the green hand of big money oversees the scene. * In his 1987 film ''Police State'',
Nick Zedd Nick Zedd ( James Franklyn Harding III; January 25, 1956 – February 27, 2022) was an American filmmaker, author, and painter based in Mexico City. He coined the term Cinema of Transgression in 1985 to describe a loose-knit group of like-minde ...
makes reference to Michael Stewart in a scene depicting a conversation between a cop and a young man, leading to an unlawful arrest. The film was a black comedy about police brutality, inspired in part by the Michael Stewart case and Operation Pressure Point, an operation designed to "clean up" and gentrify the Lower East Side of NYC. * In 2019,
Chaédria LaBouvier Chaédria LaBouvier is an American curator and writer. In 2019, LaBouvier became the first person of Cuban descent to curate an exhibition in the Guggenheim's 80-year history, as well as the first black author of a Guggenheim catalogue, for the ...
curated a solo exhibition at the Guggenheim which included the painting by Basquiat. In addition to the painting, the history and story behind Stewart's death was examined.


Legacy

Spike Lee Shelton Jackson "Spike" Lee (born March 20, 1957) is an American film director, producer, screenwriter, actor, and author. His work has continually explored race relations, issues within the black community, the role of media in contemporary ...
dedicated the film ''
Do the Right Thing ''Do the Right Thing'' is a 1989 American comedy-drama film produced, written and directed by Spike Lee. It stars Lee, Danny Aiello, Ossie Davis, Ruby Dee, Richard Edson, Giancarlo Esposito, Bill Nunn, John Turturro and Samuel L. Jackson an ...
'' to the family of Michael Stewart and other victims.


References


External links


Who Killed Michael Stewart? – Documentary on Vimeo

Death of Michael Stewart – Daily News Article

Who is Michael Stewart? – Basquiat Defacement


{{DEFAULTSORT:Stewart, Michael 1958 births 1983 deaths American graffiti artists Criminal trials that ended in acquittal New York City Police Department corruption and misconduct Deaths in police custody in the United States Artists from Brooklyn Crimes in Manhattan 1983 in New York City 20th-century American painters American male painters Deaths by person in New York City Post–civil rights era in African-American history September 1983 in the United States 20th-century African-American painters African-American history in New York City