2 MONTHS AFTER PRISON GUARDS KILLED ROBERT BROOKS, WHY HASN’T ANYONE BEEN ARRESTED?
SPECIAL PROSECUTOR ONONDAGA COUNTY DISTRICT ATTORNEY WILLIAM J. FITZPATRICK HAS BEEN SILENT
NEWS ANALYSIS
Feb. 4, 2025
Its a open-and-shut case of murder caught on camera: a gang of white men torture and kill a black man.
It didn't happen in the Confederate South. It happened in the bluest of Blue States, New York. But because the gang of white men were prison guards and their black victim was a convicted felon, no one has even been arrested, much less jailed, almost two months later.
The special prosecutor assigned to arrest and prosecute Brooks' killers, Onondaga County District Attorney William J. Fitzpatrick, hasn't.
Instead of holding a news conference to inform the public of basic facts of the case, Fitzpatrick sent a statement to a group of prisoners' rights advocates in the Hudson Valley called "NYS DOCCS Federal Oversight."
"I want you and your group to know that I have assigned two very experienced prosecutors to begin the investigation, and despite being in trial, I am briefed by them every day," the statement said.
Fitzpatrick explained he hadn't arrested Brooks' killers because "I want to review the case thoroughly and not make precipitous moves that could later prove fatal to a successful prosecution."
Fitzpatrick's statement has circulated among activist circles for weeks. It is reported here for the first time.
Although a 2015 Executive Order gives State Attorney General Letitia James the power to investigate the killings of unarmed civilians by law enforcement officers, including prison guards, James had to recuse herself from investigating Brooks' killing.
That's because her office was already representing two of the guards who killed Brooks from a federal civil rights lawsuit alleging they used excessive force against another prisoner, as The Free Lance exclusively reported.
Even the normally staid Albany Times Union shanked James in a cutting editorial.
"As far as the dead man and the state employees who pummeled him were concerned," the newspaper wrote, "the office that claims on its website to serve as 'the guardian of the legal rights of the people of New York' might as well be the Monroe County Water Authority."
Flyer for protest Thursday at noon at the Syracuse office of special prosecutor William J. Fitzpatrick
The only public "leader" doing any actual leading is Gov. Kathy Hochul—no doubt because Brooks was killed on her watch.
"The State of New York has zero tolerance for individuals who break the law, and I am committed to holding everyone involved fully accountable," Hochul said in a Dec. 27, 2024 news release. After offering her "deepest condolences to Mr. Brooks’ family," she said she was grateful to "everyone working with us to ensure justice is served in this case.”
After James recused herself and appointed Fitzpatrick a week later, Hochul issued another news release all but demanding Fitzpatrick start cuffing perps—now!
“I expect prosecutors will work expeditiously to bring formal charges and make arrests for the killing of Robert Brooks," Gov. Hochul's Jan. 3 news release said. "Too much time has passed without charges being brought against the individuals responsible."
"The video of this horrific attack demonstrates that crimes clearly were committed," Hochul said. "The family of Mr. Brooks deserves no further delays."
Even state legislators leaned on Fitzpatrick, according to Brooklyn Assemblyman Erik M. Dilan. On Robert Brooks' Advocacy Day at the State Capital, Dilan revealed he and other lawmakers had a group telephone call with the special prosecutor and “demanded” he charge the guards.
Fitzpatrick got even quieter, if that was possible, in the month since.
What explains the failure to arrest any of the guards who the video shows killed Brooks?
The Free Lance reached out to eight law professors who promote themselves as "police accountability" experts for answers. Only one responded, and that one said "Sorry I cannot do this."
Wayne C. Beyer, a lawyer who is an authority on suing the police and author of a leading book on it, said the delay wasn't unusual.
"From a layman's view, it seems simple," the 78-year-old litigator explained. But death investigations are "really complicated" so "it doesn't surprise me no charges have been bought yet." Beyer said medical examiners can't finalize autopsy results until toxicology reports come back, "which take a while."
The Medical Examiner, he said, was "going to send out drug testing to rule out the influence of drugs or alcohol." In addition, the Medical Examiner has "to get a medical history" of the victim. "Some of these guys have medical histories that make them more vulnerable to death. They have to rule that out."
In killings like Brooks' where asphyxiation is suspected, "they're gonna look at the eyeballs for petechial hemorrhages that confirm the victim was choked to death."
Still. There's the video.
Based on the video alone, the guards who killed Brooks could be at least charged with attempted murder—an A-1 felony with the same punishment as murder under New York law. They could also be charged with first degree assault and first degree gang assault—both serious class B felonies with 25-year maximum sentences that don't require proof of death only "serious physical injury."
Fitzpatrick's office ignored multiple invitations to comment.
Protesters plan to visit Fitzpatrick’s office on Thursday at noon.
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