A former New York state corrections officer was found guilty Monday of murdering prisoner Robert Brooks last year, but two other guards were acquitted of contributing to his death.
Jurors in Oneida County took more than two full days to render their verdict after a weeklong trial. Prosecutors aired footage from body-worn cameras that showed officers kicking and punching Brooks in an infirmary at the Marcy Correctional Facility. Brooks died of his injuries at a hospital in nearby Utica.
Six of the 10 people charged in his homicide have pleaded guilty to manslaughter and other charges. Special prosecutor Bill Fitzpatrick said he was satisfied that the men most responsible for Brooks’ death have been held accountable.
“I wish we could have done more about the two defendants that were acquitted, but we have a great system and … I picked that jury and I respect their verdict,” he said.
Evidence at trial showed the officers did not realize their cameras were recording during the beating. The footage captured other prison staff, including two nurses, failing to intervene as the officers pummeled Brooks on a gurney.
Lawyers for the three defendants on trial — Matthew Galliher, David Kingsley and Nicholas Kieffer — said they weren’t responsible for Brooks’ death. They each faced at least 15 years in prison on second-degree murder charges.
Kingsley was found guilty of second-degree murder and first-degree assault, Fitzpatrick said. Galliher and Kieffer were found not guilty of those charges and gang assault. Jurors found Kieffer not guilty of an additional charge of falsifying records.
Video evidence showed Kingsley restraining Brooks’ head and neck and helping another officer put him into handcuffs. Kingsley’s attorney Luke Nebush argued the former officer’s actions were within his training. Nebush didn’t return a message seeking comment.
David Longeretta, who represented Kieffer, said during his closing argument that prosecutors tried to hold his client responsible for the actions of other guards who have already pleaded guilty.
“The prosecution strategy in this case seems to have been, charge 'em all and let the jury figure it out,” Longretta said.
Brooks’ death spurred new attention on conditions in state prisons and prompted lawmakers to pass an omnibus bill calling for more oversight. Corrections officers staged an illegal three-week strike this winter as the indictments in Brooks’ case were unsealed.
Guards on strike said they were protesting violent conditions at state prisons. They pushed for changes to the 2021 HALT law, which limits the amount of time incarcerated people can spend in segregated confinement. Prisoners and supporters of that law said officers were trying to change the subject from the beating case.
Rosemary Rivera, a leader of the End Prison Violence campaign, was in the courtroom on Monday in Utica. She said Kingsley’s guilty verdict was read first.
“ You could, you could hear the sigh of relief,” she said. “And then the other two verdicts were read, and they were not guilty on all counts, and … all I felt was this heat rising.”
The verdict comes as Gov. Kathy Hochul is seeking changes to the oversight bill, which was passed by her fellow Democrats in June, as she considers whether to sign or veto it. The state Department of Corrections and Community Supervision and unions representing its workers have separately proposed changes to the HALT law that would make it easier for guards to direct prisoners into solitary confinement.
Rivera said the split verdict should spur Hochul to sign the oversight bill without watering it down.
“The governor and the legislature have a lot of reflection to do about what is happening in our justice system,” Rivera said.
Spokespeople for Hochul didn’t respond to messages seeking comment.
