Six former guards at the Marcy Correctional Facility have been charged in the fatal December beating death of inmate Robert Brooks. Three other guards were charged manslaughter and one was charged with tampering with evidence. Nine of the ten appeared in Oneida County Court on Thursday and pleaded not guilty.
A grand jury indicted six officers — Nicholas Anzalone, David Kingsley, Anthony Farina, Christopher Walrath, Mathew Galliher and an unnamed defendant — on felony second degree murder and first degree manslaughter.
The tenth, unnamed defendant was unavailable to surrender on Thursday and is expected to be arraigned soon. He is not believed to be a flight risk.
The officers are accused of acting with other correctional officers in conduct that “created a grave risk of death to another person, and thereby caused the death of Robert Brooks,” according to a criminal indictment.
The incident occurred December 9th at the medium-security prison near Utica. The 43-year-old Brooks was serving a 12-year sentence for first-degree assault. He died December 10th at a Utica hospital.
NYSCOPBA, the union that represents the Corrections Officers released this statement:
“NYSCOPBA has been monitoring the on-going investigation into the death of Robert Brooks at Marcy Correctional Facility that culminated with the indictment and arrests of nine members today.
As we stated in December, the actions of those staff were incomprehensible and not reflective of the majority of our membership. The indictments and arrests today of those officers who allegedly were involved in causing Mr. Brooks death, should be afforded the same presumption of innocence that every citizen is afforded until proven guilty in a court of law.
We will fulfill our obligation under the collective bargaining agreement for those members facing departmental charges and closely monitor the next steps in the criminal justice process for those indicted today.”
Governor Kathy Hochul also put out a statement:
“Robert Brooks should be alive today. The brutal attack on Mr. Brooks was sickening, and I immediately moved to terminate the employment of those involved. Now, the perpetrators have been rightfully charged with murder and State Police are making arrests.
“This incident is a sobering reminder of the challenges facing our correctional system. 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.
“Public safety is my top priority. I will continue doing everything in my power to keep our correctional facilities safe for all.”
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