SIXTH STATE PRISON GUARD CHARGED WITH MURDERING ROBERT BROOKS
NICHOLAS KIEFFER, 33, HELPED START BEATING THAT LED TO BROOKS' DEATH, INDICTMENT UNSEALED ON MONDAY AGAINST HIM ALLEGES
New York State Correction Officer Nicholas Kieffer is one of six prison guards charged wuith murder for killing Robert Brooks. Photo cred: screengrab
Feb. 24, 2025
Nicholas Kieffer became the sixth New York State prison guard charged with murder for killing Robert Brooks on Monday.
Kieffer was also charged with second degree gang assault and filing a false report in an attempt to cover-up the Dec. 9 murder. The 33-year-old faces up to life in prison if convicted.
Brooks, 43, was tortured and murdered by 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.
Nicholas J. Anzalone, Mathew J. Galliher, Anthony Farina, David J. Kingsley and Christopher Walrath were also charged with murder for beating and choking Brooks to death.
“This was a depraved situation that warranted a murder charge,” special prosecutor Onondaga County District Attorney William J. Fitzpatrick said at a news conference after the arraignments of the five last Thursday.
“There is no valid explanation,” Fitzpatrick explained. “No justification for what they did."
The State Police said in a news release on Monday that its investigation into Brooks' killing "included the investigation of over 400 separate leads, the analysis of hundreds of pieces of evidence, and the execution of 16 search warrants."
Kieffer beat Brooks with Anzalone and Walrath when Brooks arrived at Marcy around 9:00 pm, according to the indictment against them.
Standard practice when a prisoner is received at a prison requires that prisoner be taken to the prison infirmary for an examination.
"While being transported, and having been restrained, Mr. Brooks was assaulted on two occasions by defendants Nicholas Anzalone and co-defendants Christopher Walrath and Nicholas Kieffer," the indictment alleges.
After the first assault, Brooks was picked up off the ground and frog-marched by Anzalone, Kessler and Kingsley toward the infirmary. Video captured Kieffer shaking a can of pepper spray following behind them.
Moments later, Kessler, Anzalone and Kingsley carried an unconscious Brooks into Marcy's infirmary and into what prosecutors called the prison's "Emergency Room"—where Brooks was beaten, kicked and choked until he died.
While Anzalone, Galliher, Farina, Kingsley and Walrath kill Brooks, Kieffer entered the room and said something. Because the video was recovered and has no sound, it's not known at this time what Kieffer said.
What is known is what the video captures. Unlike the other guards, Kieffer does not assault Brooks at this time, the video shows.
If Kieffer is given the benefit of the doubt, it appears he may have attempted to stop the continuing assault.
But that doesn't matter, according to the indictment against him, because Kieffer took part in the first assault on Brooks with Walrath and Anzalone that set in motion the chain-of-events that led to Brooks' death.
Kessler and the rest of the defendants "were acting in concert with each other," the indictment charges.
Defendants "did nothing to restrain each other, did nothing to stop the beatings and failed to immediately order medical assistance to Mr. Brooks," according to the indictment.
Kieffer also filed a false "Use of Force" with Anzalone that incorrectly claimed "all force ceased being used against Robert Brooks" once he was inside the infirmary.
In other words, Kieffer and Anzalone allegedly attempted to cover-up the murder.
The Free Lance gave Kieffer a chance to tell his side of the story.
This reporter knocked on the front-door of the modest house Kieffer lives in with his mother, identified himself, showed his government-issued press credential and invited him to speak.
"Get off my porch," was Kieffer's reply.
In addition to the six guards charged with murder, Sgt. Michael Mashaw, CO Michael Fisher and CO David Walters were charged with second degree manslaughter.
CO Galliher was also charged with gang assault. Anzalone was also charged with filing a false report.
CO Nicholas Gentile, whose name has not previously been associated in published reports with Brooks’ killing, was charged with evidence tampering.
Three more guards pleaded guilty to unknown charges in exchange for specific sentences. Fitzpatrick said he would disclose the charges and the sentences in the future.
In response to a question by The Free Lance at last Thursday’s news conference, Fitzpatrick refused to disclose whether the sentences involved jail time.
In addition, “At least two current or former Marcy employees are still under investigation,” Fitzpatrick said.
Other guards and two nurses watched the fatal attack and did nothing to stop it. Nurses covered-up unjustified attacks on prisoners for years at Marcy.
Kieffer, like all but one of the defendants, was released on bail.
Kingsley remains in the Oneida County Jail.
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