ALBANY, N.Y. — The attorney general of New York has appointed a special prosecutor to look into the death of an inmate, who was assaulted by correctional officers in a state prison. This action comes as her office is unable to handle the case due to its ongoing representation of some guards involved in related civil lawsuits.
Attorney General Letitia James, a member of the Democratic Party, has selected William Fitzpatrick, the Republican district attorney from Onondaga County, to lead the investigation into the death of Robert Brooks, who died on December 10.
Typically, the attorney general’s office manages such investigations concerning fatalities involving law enforcement custody. However, James indicated that four correctional officers associated with the incident are already receiving legal counsel from her office. Some of these officers have previously faced allegations in brutality lawsuits brought forth by other inmates.
James asserted, “Even the potential or mere perception of a conflict could hinder a possible prosecution with extensive legal challenges or completely dismiss it.” She emphasized her commitment to preventing justice from being stalled or obstructed due to conflicts of interest.
Disturbing body camera footage recently released showcases officers striking Brooks while he was restrained on an examination table at Marcy Correctional Facility on December 9. In the video, one officer is seen using a shoe to hit Brooks in the abdomen, while another officer grabs him by the neck and forcibly puts him back on the table.
Brooks was declared dead the following day. Fitzpatrick’s office, where he has been serving as the chief prosecutor since 1992, has stated that he will refrain from making comments until a grand jury has reached a decision.
The incident has sparked significant outrage and calls for systemic reform. Governor Kathy Hochul expressed her shock and horror upon viewing the footage and subsequently appointed a new superintendent for Marcy Correctional Facility. She also directed state officials to initiate proceedings to terminate the employment of 13 correctional officers and a nurse involved in the incident.
With the appointment of a special prosecutor, Hochul expressed her anticipation for prompt action in bringing charges. She stated, “The footage of this distressing assault shows that crimes were undeniably committed. I believe that initial charges can be filed even as we contemplate more severe accusations based on further evidence.” It is important to note that as governor, she does not possess authority over the special prosecutor or the power to file criminal charges herself.
The final autopsy report for Brooks remains pending. However, preliminary results from a medical examination raise concerns regarding asphyxia likely caused by neck compression as the suspected cause of death; these findings indicate that the actions of others contributed to his demise, as detailed in court documents.
Brooks had been serving a 12-year sentence for first-degree assault since 2017 and had only been transferred to this facility a few hours prior to the incident, which is located approximately 200 miles northwest of New York City.
