Rikers inmate dies two days after positive COVID test, with no family farewell despite last-minute compassionate release
An emergency order for compassionate release came minutes too late for a COVID-19 infected Rikers Island inmate and his loved ones.
Wheelchair-bound Victor Mercado, 64, died shortly after Bronx prosecutors and his lawyer teamed Friday to win a last-gasp legal fight for the ailing inmate’s freedom, leaving his relatives angered by the missed chance to say goodbye. Mercado became the 12th Rikers detainee to die in custody this year, authorities said.
“You’re going to give a man his release only when he’s in his dying bed?” asked his brother Ray Rivera on Saturday. “It’s crazy the way they handled this situation. His best friend was concerned he was going to die in there, and sure enough that’s what happened.”
According to defense lawyer James Kilduff, a judge granted the release around noon Friday during a virtual court hearing where the Bronx District Attorney supported the motion to free the Mott Haven resident.
“And then, shortly after, I got a call from his brother that Corrections contacted him with notification that Victor had passed,” he said. The Corrections Department put the time of death at 12:39 p.m., describing the cause only as “medical in nature.”
The city Medical Examiner’s Office will conduct an autopsy to determine exactly what killed Mercado.
Kilduff recalled a frantic call from his client last Thursday after Mercado learned one day earlier of the test confirming he contracted COVID while behind bars.
“He was extremely nervous and didn’t sound well,” the lawyer recalled. “He said, ‘Well, you got to get me out of here.’ The following day, I got the call about his death.”
Mercado’s sibling said his brother, who died in Elmhurst Hospital, had underlying medical conditions and was immediately sent to the Rikers infirmary after his July arrest on weapons and narcotics charges.
The dead man’s girlfriend described Mercado as a bit overweight and afflicted by ongoing physical issues, including respiratory issues and a bacterial infection on his leg.
Mercado, who had a prior criminal record, was initially held on $100,000 bond and his bid to lower the figure was rejected at a Sept. 27 hearing. His girlfriend of five years recalled the feelings of helplessness at the sight of Mercado after the judge’s ruling.
“When I saw him, my heart broke,” she said. “He was sitting in that wheelchair and looked so sick. I remember him turning around and giving a ‘help me’ look. I saw the tears in his eyes. He was a beautiful person. And that was the last time I ever got to see him.”
Mercado was instead returned to the infirmary on Rikers Island, where he contracted the virus and dialed up Rivera.
“He called me, told me, ‘Yo, my brother, I tested positive for COVID, I don’t think I’m going to make it,’” recounted Rivera. “The court knew he had underlying issues. It wasn’t a mystery! They knew it from the moment he got handcuffed. Lower the bail, let him out, so he won’t die.”