GOV. KATHY HOCHUL CALLS FOR CHARGES IN ROBERT BROOKS KILLING BY GUARDS, AG LETITIA JAMES GIVES CASE TO SPECIAL PROSECUTOR
"TOO MUCH TIME HAS PASSED WITHOUT CHARGES BEING BROUGHT AGAINST THE INDIVIDUALS RESPONSIBLE”
Jan. 3, 2025
Gov. Kathy Hochul made her first public call for the arrest of the prison guards who beat, kicked and choked Robert Brooks to death on Thursday, 23 days after the Dec. 9 killing.
"Too much time has passed without charges being brought against the individuals responsible," Hochul said in a news release late Thursday afternoon. "The video of this horrific attack demonstrates that crimes clearly were committed."
But on the same day, the prosecutor previously assigned to investigate prison guards accused of killing inmates said that she could not investigate and prosecute Brook's killing.
New York State Attorney General Letitia James explained in her own news release that's because her office is already defending four of the alleged killer guards from civil rights lawsuits alleging they used constitutionally excessive force against other prisoners.
Her recusal was required to ensure a “mere appearance of a conflict” does not “tie up a potential prosecution in lengthy legal challenges or get a potential prosecution outright dismissed," James's news release explained. "I will not allow justice to be delayed or denied because of a conflict."
James said her office appointed Onondaga County District Attorney William J. Fitzpatrick as a special prosecutor to take her place "in this matter."
Fitzpatrick did not immediately respond to a request for comment.
Previously, The Free Lance reported exclusively that James faced a conflict of interest in the case and would likely recuse herself.
After James's announcement, Gov. Hochul said it was "outside the power of my office to order arrests or bring charges," but "my team has offered any necessary resources to help prosecutors move as quickly as possible to ensure that justice is served."
"The family of Mr. Brooks deserves no further delays,” the governor added.
LATEST DEVELOPMENTS
Also on Thursday, the State's lead investigator into Brooks' killing took the stand in State Supreme Court in an attempt by James's office to disarm one of the guards via New York's Red Flag law.
Inv. Ryan Paprella testified David J. Kingsley II was one of the Correction Officers seen in body camera video killing Brooks.
"You can see Officer David Kingsley applying pressure to the I/I's neck," Paparella testified under oath. "You can see him hold him by his neck while other guards inflict blows." He "lifts him by the neck multiple times."
"I/I" refers to "Incarcerated Individual," the term the state Department of Corrections and Community Supervision, or DOCCS, uses for prisoners.
Referring to a later portion of the video, Paparella testified it shows Kingsley "put the I/I against the wall while he's holding him off his feet."
Kingsley was part of an all-white gang of guards at Marcy that beat, kicked and choked Brooks, a 43-year-old Black-American, to death, the body camera video shows. It was made public by Attorney General Letitia James last Friday.
Court records obtained exclusively by The Free Lance Friday morning confirm preliminary findings by the Onondaga County Medical Examiner that Brooks' death was likely caused by "asphyxia due to compression of the neck."
The deadly attack also left Brooks covered in bruises with a broken nose and bloodied genitals.
KEY COVERAGE
On Dec. 21, Gov. Hochul announced she'd ordered the Commissioner of the Department of Corrections and Community Supervision to fire those responsible for Brooks’ death. On Monday, Gov. Hochul said the officers were suspended without pay while the firing process played out.
DOCCS said it would fire Sgt. Glenn Trombly, Sgt. Michael Mashaw and C.O.s Matthew Galliher, Nicholas Anzalone, David Kingsley, Nicholas Kieffer, Robert Kessler, Michael Fisher, Christopher Walrath, Michael Along, Shea Schoff and David Walters, DOCCS said. It also said it would fire a nurse: Kyle Dashnaw.
C.O. Anthony Farina quit while being questioned by police.
Sgt. Trombly is the alleged leader of the beat-up squad at Marcy that killed Brooks, The Free Lance reported exclusively Dec. 26. Farina is an alleged member of the squad, and was beside Trombly when they killed Brooks, HOCHaccording to Gov. Hochul and police.
Before guards converted it to a death sentence, Brooks was serving 12-years for first-degree assault, court records show.
For tips or corrections, The Free Lance can be reached at jasonbnicholas@gmail.com or, if you prefer, thefreelancenews@proton.me.