Former correction officer David Walters, who pleaded guilty in the beating death of inmate Robert Brooks at Marcy Correctional Facility, has been released from prison while his attorney pursues an appeal.
Walters was convicted of second-degree manslaughter in Oneida County Court on November 21 after entering a guilty plea. His attorney, Nicholas Passalacqua, then asked the court to stay the conviction while he files an appeal to a higher court and requested Walters’ release in the meantime, according to court documents.
On November 10, Judge James McCluskey granted the request, setting bail at $50,000 cash or $100,000 bond. WSYR-TV in Syracuse reports Walters had been housed at Elmira Correctional Facility, but is no longer listed as an inmate in state records.
Under the judge’s order, Walters has 120 days to file and argue his appeal. If he does not, the stay on his conviction will expire.
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