ONE OF ROBERT BROOKS’ ALLEGED KILLERS CAN KEEP HIS GUNS, COURT REJECTS AG EFFORT TO DISARM GUARD
STATE SUPREME COURT JUSTICE RULES DAVID J. KINGSLEY, CAPTURED ON VIDEO CHOKING ROBERT BROOKS, CAN KEEP HIS GUNS FOR NOW
Correction Officer David J. Kingsley helped kill Robert Brooks at the Marcy Correctional Facility on Dec. 9, 2024. He can keep his guns at least until he is charged with a crime, a state supreme court justice ruled on Thursday.
EXCLUSIVE
Feb. 6, 2025
The prison guard captured on video choking Robert Brooks and restraining him for other guards to assault can keep his guns for now.
David J. Kingsley "engaged in violent and possibly homicidal conduct against a New York State DOCCS inmate, that caused serious physical harm (and potentially death) to that inmate," but state law allows him to keep his guns, State Supreme Court justice William P. Ramseier ruled on Thursday.
The Red Flag Gun Law Attorney General Letitia James attempted to use to disarm Kingsley, the decision explained, was "not designed to punish individuals who have engaged in conduct resulting in serious harm to others. That is the purpose of the criminal justice system."
"No matter how heinous or odious the alleged conduct of" Kingsley, Justice Ramseier wrote, James' office failed "to allege, let alone provide proof, that the Respondent is likely to engage in conduct that would result in serious harm to himself or others outside of his employment by DOCCS."
The court's decision allowing Kingsley to keep his guns focuses attention on Special Prosecutor William J. Fitzpatrick's failure to arrest anyone for Brooks' killing.
Almost two months have passed since Brooks was beaten, kicked and choked to death by Kinglsey and other members of a"beat-up squad" of state prison guards inside the infirmary at the Marcy Correctional Facility on Dec. 9, 2024. It was unintentionally captured on video by body cameras worn by four of the guards.
Two days ago, The Free Lance exclusively revealed the Onondaga County Medical Examiner had concluded its investigation, finding Brooks' killing was a homicide. In response, Gov. Kathy Hochul called Brooks' killing a "murder" for the first time and said "the family of Mr. Brooks deserves no further delays.”
Kingsley is just one of 17 Department of Corrections and Community Supervision employees suspended without pay. The 17 include four sergeants, 11 Correction Officers and two nurses. Another CO, Anthony Farina, resigned. Gov. Hochul said the remaining 17 would be fired, but that decision is ultimately up to a three-judge arbitration panel under DOCCS' labor contract with the guards' union.
James, the attorney general, filed a petition for an "Extreme Risk Protection Order" to disarm Kingsley under New York's new Red Flag Gun Law on Dec. 24. The novel law allows a judge to order a person disarmed if the State proves there's "probable cause to believe" he or she "is likely to engage in conduct that would result in serious harm to self or others."
Using the Red Flag Gun Law, James attempted to disarm a total of four of the guards suspended for killing Brooks. Nicholas J. Anzalone, Robert T. Kessler and Mathew J. Galliher were the other three. Anzalone and Kessler consented to court orders disarming them; Galliher demanded a hearing.
An Assistant Attorney General from James' office called Galliher to the witness stand at that hearing, but the suspended guard invoked his constitutional right against self-incrimination.
"I refuse to answer that on my Fifth Amendment rights," Galliher said, six times
Outside court after the hearing Galliher’s lawyer, Kevin A. Luibrand, insisted his client “didn’t do anything wrong.”
Justice Peter M. Rayhill presided over the hearing in Utica, in Oneida County, but has yet to issue a decision.
The judge who issued the decision in Kingsley's case, Ramseier, sits in Watertown, in Jefferson County. The two judges rank equally so Rayhill is not necessarily bound to follow Ramseier's decision, although he may find its reasoning persuasive.
The decision is precedent-setting. In effect, it rules New York's Reg Flag Gun Law cannot be applied to merely alleged and uncharged crimes. Justice Ramseier ruled against James, even though Kingsley did not appear to defend himself at a hearing the court held on Jan. 2.
The decision is surprising because James' office won a preliminary ruling from Justice Ramseier requiring Kinglsey to give up his guns on an emergency basis.
"Kingsley, a NYS Corrections Officer, participated in the physical assault of Robert L. Brooks, a NYS DOCCS inmate, which resulted in the death of Brooks," Justice Ramseier's preliminary Dec. 24 decision said. Accordingly, there was "probable cause to believe" Kingsley "is likely to engage in conduct that would result in serious harm to others."
Justice Ramseier's decision on Thursday revokes that, allowing Kinsgley to purchase and possess firearms.
"As deeply troubling as the facts of this case are," the decision concludes, "to issue an extreme risk protection order under these circumstances would constitute a misapplication of the red flag law."
James’ press office did not respond to an invitation to comment.
An Oneida County Grand Jury will begin hearing evidence against the guards on Feb. 10, Fitzpatrick, the special prosecutor, said on Thursday.
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