Queens DA drops case that highlighted issues in NYC mental health intervention
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The Queens DA dropped the charges against Peggy Herrera, who was arrested after calling 911 seeking help for her son during a mental health crisis. Eagle file photo by Jonathan Sperling
By David Brand
The Queens district attorney has dismissed charges in the case of a Jamaica woman who tried to stop cops from entering her home after her son experienced a brief mental health crisis last summer. The case highlighted serious problems in the way NYPD officers respond to calls involving people in the throes of emotional or mental health disturbances, advocates said.
Peggy Herrera called 911 in August 2019 to seek help for her son Justin who was experiencing a mental health episode — a type of emergency call then referred to as an “emotionally disturbed person,” or EDP. By the time police arrived, Justin had calmed down, Herrera said, but NYPD policy mandated that they enter the home.
Officers arrested Herrera when she tried to physically stop them, officers said. She was charged with obstruction of governmental administration.
Herrera disputed that sequence of events and said she only told police not to enter. Advocates took up her cause and rallied outside the Queens Criminal Courthouse to demand the Queens District Attorney drop the charges.
On Wednesday, Queens DA Melinda Katz agreed with them.
“I have reviewed the case with my office and have determined that the interests of justice would be served by dismissing the criminal charges filed against her as a result of this incident,” Katz said.
Herrera told the Eagle she was relieved when she learned of Katz’s decision this morning. She was set to return to court tomorrow.
“I’m like, ‘Oh my goodness.’ I couldn’t even believe it,” Herrera said. “I’m excited because it was really starting to stress me out. I was depressed this week.”
Nevertheless, Herrera said, the arrest and ensuing media coverage will stick to her and her reputation.
“This is going to come up when they Google me,” she said. “I have to explain this every time I go for a job.”
The number of 911 calls for people experiencing mental health crises has grown signifcantly in recent years.
There were 31,701 EDP calls made across Queens in 2018, compared to 23,185 in 2014, according to data obtained by THE CITY in March. The NYPD recorded 179,569 total EDP calls citywide in 2018.
Numerous New Yorkers have died in the course of police officers responding to EDP calls, including high-profile incidents. Police shot and killed a Brooklyn man in 2016 after his mother called 911 seeking help because he was acting erratically. Another man died inside his Bronx apartment after police tasered him in 2015.
Public Advocate Jumaane Williams has called on the city to create a new emergency number that people can call to get help for people experiencing mental health crises.
Herrera said she plans to continue advocating for a better system for responding to people having mental health crises.
“We have to put something in place that works because other people are going to keep going through it,” she said.
