Special prosecutor appointed in death of man beaten by New York corrections officers

ALBANY, N.Y. — New York’s attorney general on Thursday named a veteran prosecutor as special prosecutor in the death of a man beaten by state corrections officers, saying she should withdraw from office to avoid potential conflict.

Attorney General Letitia James, whose office had investigated the events leading up to last month death of Robert BrooksThe special prosecutor will be Onondaga County District Attorney William Fitzpatrick, who has been the top prosecutor in the Syracuse area since 1992.

The attorney general typically investigates the deaths of people in police custody, but James said four of the officers under investigation were represented by attorneys in her office in other lawsuits and that could cause problems.

“Even the possibility or appearance of a conflict could bring a potential prosecution into protracted legal challenges or cause a potential prosecution to be dismissed outright,” James said in a video message. “And I will not allow justice to be delayed or denied because of conflict.”

A call was made to Fitzpatrick’s office seeking comment.

Newly released body camera video shows officers beating Brooks as he lay handcuffed on a medical exam table at Marcy Correctional Facility on December 9. One officer uses a shoe to hit Brooks in the stomach, and another yanks him up by the neck and drops him. back on the table.

Brooks was pronounced dead the next morning.

The beating has led to widespread condemnation and calls for reform. Governor Kathy Hochul, who said she was “outraged and shocked” by the videos, appointed a new superintendent and said 13 correctional officers and a nurse involved in the attack will facing termination.

Now that a special prosecutor has been appointed, Hochul expects his team will work quickly to file charges.

“The video of this horrific attack shows that crimes were clearly committed, and I believe initial charges can be filed even if more serious charges are considered based on further investigation,” Hochul said.

The final results of Brooks’ autopsy are not available. Preliminary findings from a medical examination indicate “concerns of asphyxia due to neck compression as a cause of death, as well as death being the result of the actions of another person,” according to court documents.

Brooks, who had been serving a 12-year prison sentence for first-degree assault since 2017, arrived at the prison 200 miles (320 kilometers) northwest of New York City just hours before the assault after being transferred from another nearby prison, officials said.