MARCY, N.Y. — New documents detail the assault and death of an incarcerated individual at Marcy Correctional Facility. This as the New York State Attorney General’s office says it will soon release body camera footage showing the alleged deadly use of force incident involving a handcuffed incarcerated individual and prison guards. That individual is 43-year-old Robert Brooks, and the corrections officers involved are now under investigation.
According to our sister station WKTV in Utica, a document filed with the Oneida County Clerk on December 24 says, “it has been determined that [Robert] Brooks was assaulted by multiple New York State Corrections Officers within the Infirmary Building at the Marcy Correctional Facility.”
The document went on to say the assault on Brooks was recorded by body-warn cameras, and reviewed by a New York State Department of Corrections Office of Special Investigations unit. Those investigators say after reviewing the video, it shows several alleged incidents:
“(The investigator) stated that he observed the respondent carrying the incarcerate individual by the right arm to the infirmary while being face down and handcuffed behind his back, striking the incarcerate individual two times with his right arm, striking the incarcerate individual one time with his right fist, striking the incarcerated individual one time in the mid-section with his right fist, and lifting the incarcerated individual off the bed and carry him by the neck area of his shirt with his feet off the ground. This occurred while other correctional officers were assaulting the incarcerated individual,” the document reads.
On December 10, Brooks was taken to Wynn Hospital where he was pronounced dead. An autopsy was completed at the Onondaga County Medical Examiner’s Office on December 11, and documents released after say:
“This affiant has received information from the Onondaga County Medical Examiner’s office stating the cause and manner of death are still pending; however, the preliminary findings show concern for asphyxia due to compression of the neck as the cause of death, as well as the death being due to actions of another,” according to the documentation.
The final cause and manner of death are still pending.
Despite the video only being seen by a handful of people, the Attorney General’s office said it wanted to wait to fully release the footage until Brooks’ family had a chance to view it. Brooks family did see the video, and in a statement said:
“The Brooks family, along with their attorney, have now viewed the video documenting his death at the hands of staff at Marcy Correctional Facility. As expected, watching the horrific and violent final moments of Robert’s life was devastating for his loved ones, and will be disturbing to anyone who views the video following its release by the Attorney General’s Office. We will not rest until we have secured justice for Robert’s memory, and safety for the prisoners at Marcy Correctional Facility.”
The union representing correctional officers at Marcy Correctional Facility has described the video as “incomprehensible to say the least.” Governor Kathy Hochul is pushing for all 14 people involved in the “use of force” death to be fired.
In a statement, the governor said she directed Department of Corrections and Community Supervision (DOCCS) Commissioner Daniel Martuscello to begin the termination process for those 14 people. Governor Hochul said this after she asked for an “internal review of the circumstances” that lead to Brooks’ death. New York Assemblywoman Marianne Buttenschon, Senator Joseph Griffo and Assemblyman Brian Miller call this a deeply concerning incident.
According to reporting from the Times Union, sources describe Brooks’ death as extremely disturbing based on the beating recorded on body camera footage. Times Union journalist Brendan Lyons reported that Brooks was handcuffed when he was beaten to death, based on accounts from two people familiar with the matter.
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Brooks, who used to live in the Rochester area, had been serving a 12-year sentence for assault for stabbing a former girlfriend several times. Court papers indicate Brooks used a folding knife in the attack, stabbing the victim in the neck, chest, torso and her back, as well as her hands and forearms. Brooks would have been required to serve an additional four years of post-release supervision after his sentence was carried out.