Onondaga County District Attorney William Fitzpatrick has been appointed as a special prosecutor to investigate the beating death of inmate Robert Brooks at Marcy Correctional Facility in Oneida County.聽
New York Attorney General Letitia James named Fitzpatrick as the special prosecutor after her office recused itself from the investigation. James explained Thursday that it was determined four correction officers involved in the incident are being represented by her office's Division of State Counsel in other cases.聽
A separate entity, the Office of Special Investigation, within the attorney general's office was handling the investigation of the fatal attack.聽
"While we are confident in the firewalls set up between the Division of State Counsel and the Office of Special Investigation, even the possibility or mere appearance of a conflict could tie up a potential prosecution in lengthy legal challenges or get a potential prosecution outright dismissed," James said. "And I will not allow justice to be delayed or denied because of a conflict."聽
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The attorney general's office will not represent the Department of Corrections and Community Supervision, which oversees state prisons, or the correction officers involved in the incident during the investigation.聽
James added that her office notified Brooks' family of the recusal. She also expressed confidence in Fitzpatrick's ability to lead the inquiry.聽
"District Attorney Fitzpatrick has served Onondaga County for over 30 years," James said. "His office is well resourced to handle this complex and large investigation, and I thank him for taking on this case."聽
The incident under investigation occurred Dec. 9 at Marcy Correctional Facility. Body camera footage released by the attorney general's office shows correction officers kicking and punching Brooks in a room at the prison.聽
Brooks was transported to Wynn Hospital in Utica, where he died on Dec. 10.聽
Gov. Kathy Hochul ordered the firing of 14 employees, including 13 correction officers and a nurse, who were involved in the incident. She has also named Bennie Thorpe, who previously served as superintendent of Shawangunk Correctional Facility, as the new superintendent of Marcy Correctional Facility. Thorpe replaces Danielle Medbury, who was acting superintendent at the prison.聽
After James' announcement regarding the attorney general's office recusing itself from the case, Hochul urged prosecutors to bring charges against those responsible for killing Brooks.聽
"The video of this horrific attack demonstrates that crimes clearly were committed, and I believe initial charges can be brought even as more serious charges are considered based on further investigation," she said.
Hochul continued, "While it is outside the power of my office to order arrests or bring charges, my team has offered necessary resources to help prosecutors move as quickly as possible to ensure that justice is served. The family of Mr. Brooks deserves no further delays."聽
Other state agencies, including DOCCS and New York State Police, are investigating the incident. The FBI has also said it is reviewing the matter.聽
Government reporter Robert Harding can be reached at (315) 664-4631 or robert.harding@lee.net. Follow him on X @RobertHarding.