- Robert Brooks died choking on his own blood after three separate beatings and some of the corrections officers involved were released on bail, sparking anger in those in the courtroom gallery.
- Those charged on Thursday include Nicholas Anzalone, David Kingsley, Anthony Farina, Christopher Walrath, Mathew Galliher, Michael Mashaw, Michael Fisher, David Walters, and Nicholas Gentile.
- Each one plead not guilty to their charges. They are expected back in court on March 31.
Robert Brooks died choking on his own blood at Marcy Correctional Facility after three separate beatings and some of the corrections officers involved were released on bail, sparking anger in those in the courtroom gallery Thursday afternoon.
As Onondaga County District Attorney William Fitzpatrick read out charges and Judge Robert Bauer presided, people in the gallery attending the indictment unsealing made their distaste known.
“Murderer,” one woman yelled as she walked for the door, when she was even asked to leave.
“Racist! Murderer!” Another woman yelled. “No bail!”
She too made her way towards the door and a few moments later, people gathering outside the courtroom began to grow loud enough to be heard through two doors and a wall.
It wasn’t long before the chants and cries of anger could be heard from beyond two doors and a wall from the approximately 100 people who weren’t able to get into the courtroom.
With the last indictment read and the judge walking to his chambers, a single man and said “This isn’t justice.”
Those charged on Thursday include Nicholas Anzalone, David Kingsley, Anthony Farina, Christopher Walrath, and Mathew Galliher, who were charged with second-degree murder. Charged with second-degree manslaughter were Michael Mashaw, Michael Fisher and David Walters, and Nicholas Gentile was charged with tampering with evidence.
Each one pleaded not guilty to their charges.
They are expected back in court on March 31 in Judge Bauer’s courtroom.
However, one more defendant was indicted, but they have yet to be arraigned. All that is known is that they will be arraigned ” … in the near future.”
The anger came as at least six of the officer were released on bail bond, or on his own recognizance in Gentile’s case.
Fitzpatrick said that it is very rare that bail isn’t allowed in a case in New York and that if Bauer had not set bail, then it would have been overturned by a higher court.
However, the anger was before Fitzpatrick explained just what happened to Brooks, according to investigators.
Charges against the officers
Fitzpatrick said his office separated those involved into three tiers of responsibility: those that beat Brooks, those who were there in a position of power and did nothing while Brooks was being beaten, and those who were aware of what was happening and did nothing.
- Nicholas Anzalone was charged with second-degree murder, first-degree manslaughter, and first-degree offering a false instrument for filing. He was offered $100,000 cash bail or $250,000 bond.
- David Kingsley was charged with second-degree murder and first-degree manslaughter. He was offered $100,000 cash bail or $250,000 bail bond.
- Anthony Farina was charged with second-degree murder and first-degree manslaughter. He was offered $100,000 cash bail or $250,000 bail bond.
- Christopher Walrath was charged with second-degree murder and first-degree manslaughter. He was offered $100,000 cash bail or $250,000 bail bond.
- Mathew Galliher was charged with second-degree murder, first-degree manslaughter, and second-degree gang assault. He was offered $100,000 cash bail or $250,000 bond.
- Michael Mashaw was charged with second-degree manslaughter. He was offered $50,000 cash bail or $100,000 bond.
- Michael Fisher was charged with second-degree manslaughter. He was offered $50,000 cash bail or $100,000 bond
- David Walters was charged with second-degree manslaughter. He was offered $50,000 cash bail or $100,000 bond
- Nicholas Gentile was charged with tampering with evidence. He was released on his own recognizance.
Those offered bail or bond were either released or in the process of being released.
One additional defendant has been indicted for second-degree murder, first-degree manslaughter, second-degree gang assault, and first-degree offering a false instrument for file. Fitzpatrick said this defendant will be arraigned next week.
The Grand Jury also heard from three Marcy employees who entered into plea agreements with the special prosecutor’s office. However, their names and the nature of their pleas and sentence agreements will be revealed only ” … as the case progresses,” according to Fitzpatrick’s office.
On top of this, there are two current or former Marcy Correctional employees and one current or former Mohawk Correctional employee still under investigation.
Additionally, two Marcy employees testified without immunity waivers and without plea agreements and will not be charged.
The brutal death of Robert Brooks
Fitpatrick said that according to his office’s investigations, the truth is that Brooks was not beat once but three separate times.
“It’s difficult to comprehend,” Fitzpatrick said. “On Monday, Dec. 9 at around 9:07 p.m., Brooks was transferred from Mohawk Correctional Facility to Marcy Correctional Facility and half an hour later, he was clinically dead.”
According to the Onondoga County Medical Examiner, Brooks died of a “massive beating,” suffering from external and internal injuries that lead to his death.
“His internal organs were bruised. His hyoid bone was fractured. His thyroid cartilage was ripped,” Fitzpatrick explained. Brooks was also choked repeatedly, causing severe brain damage. But ultimately, Fitzpatrick said Brooks died ” … choking on his own blood.”
Fitzpatrick also said from the moment Brooks arrived at 9:07 p.m., he was being beaten. Upon stepping off the bus from Mohawk Correctional, Brooks was taken into what’s the arsenal — the area between bus pickup and the correctional facility. From here, he was beaten on the way to the infirmary, where all new inmates are supposed to be given a physical before being put into general population.
And finally, Brooks final and fatal beating was delivered in the infirmary and captured by police worn body cameras.
Family reactions
At the press conference on Thursday, Robert Brooks Jr., the son of Brooks, said these indictments are a necessary and important step toward accountability.
“These men killed my father, on camera,” he said. “All the world could see what happened. Waiting for these charges has been incredibly hard. These men must be prosecuted and convicted for what they have done. But even the convictions aren’t enough. Any person with authority who allowed this violence and abuse must also be held accountable. I pledge and my family pledge to not stop until we see change in how our state prisons are operated so that no one else has to go through what my family and I have gone through. My father’s death will not be in vain.”
In a statement, Jared Ricks, brother of Brooks, said the indictments bring some measure of relief to his family as they grieve his brother’s loss.
“No one is above the law,” he wrote.
Local reactions
Gov. Kathy Hochul’s office released a response about an hour before Judge Bauer had even sat down in his courtroom, saying that Brooks should be alive today and celebrated the indictments.
“This incident is a sobering reminder of the challenges facing our correctional system,” she wrote. “I’ve worked with Commissioner Martuscello on safety reforms, including installing new security cameras, strengthening the Office of Special Investigations and increasing compensation for our hard-working correction officers.”
New York State Correctional Officers & Police Benevolent Association (NYSCOPBA) officials echoed previous statements, saying the actions of these officers was “incomprehensible” and did not represent their membership.
However, they still have obligation under the collective bargaining agreement for those members facing departmental charges and would closely monitor the next steps in the criminal justice process for those indicted Thursday.
Should be alive:Hochul says corrections officers who beat Robert Brooks ‘rightfully charged with murder’
Wildcat strike:Staff at Marcy Correctional Facility on strike over work conditions, extended shifts
Investigation ongoing:Incarcerated man at Oneida County Correctional dead, found unresponsive Sunday
Assemblyman Eddie Gibbs, 68th District, spoke not just as an elected official, but a former incarcerated man, saying that while it was bittersweet to see these officers facing murder charges, Brooks should still be alive today.
“We need to take bold action to address safety in our correctional facilities, keep the pressure on to close Marcy Correctional Facility, and pass the bill my office has been working on to mandate body-worn cameras for all correction officers, without which, it’s unlikely today would’ve happened,” Gibbs said.
Assembly Speaker Carl Heastie echoed Gibbs’s sentiment, saying that action needed to be taken.
“The beating and torture that led to Mr. Brooks’ death at Marcy Correctional Facility is disturbing and unconscionable,” Heastie said. “Each and every individual involved, and those who stood by and allowed it to happen, must be held accountable. That includes the system in place that allowed this tragedy to occur. We must conduct a full, comprehensive review of New York State’s correctional facilities.”
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