CO in fatal inmate beating from North Country; AG’s Office recuses itself from probe

ALBANY, New York (WWNY) – 7 News has confirmed one of the correctional officers implicated in the fatal beating of an inmate is from the North Country. This comes as state Attorney General Letitia James announced her office has stepped away from the investigation.

On the evening of December 9, body camera footage caught COs assaulting inmate Robert Brooks at Marcy Correctional Facility near Utica. Brooks died hours later at a Utica Hospital.

We reported earlier that one of those correctional officers was identified as 44-year-old David Kingsley. 7 News has confirmed that he lives in the village of Adams.

He and 13 other prison staff have been implicated in the fatal beating, which will now be investigated not by the state Attorney General’s Office, but by the Onondaga County District Attorney’s Office.

On Thursday, AG Letitia James announced her office recused itself from the probe.

“Four of the correction officers under investigation in the Robert Brooks matter are currently defendants in other matters and are being represented by lawyers in the Office of the Attorney General,” said James in a prepared statement. “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. And I will not allow justice to be delayed or denied because of a conflict.”

The AG said Onondaga County District Attorney William J. Fitzpatrick has been named the special prosecutor.

“District Attorney Fitzpatrick has served Onondaga County for over 30 years. His office is well-resourced to handle this complex and large investigation, and I thank him for taking on this case,” James said.

See James’ full statement below:

“Earlier today, after much consideration, research, and review, my office decided to recuse itself from the investigation of the correction officers involved in the events preceding the death of Mr. Robert Brooks at Marcy Correctional Facility in Oneida County.

“This decision is not one that was made lightly, but we believe this is the best course of action to protect the integrity of the investigation, and to ensure accountability and justice for Mr. Brooks, his family, friends, loved ones, and for all New Yorkers.

“My office’s Division of State Counsel, by law, represents state agencies in legal matters, including the Department of Corrections and correction officers.

“My Office of Special Investigation investigates matters where an officer of the law may have caused the death of a civilian.

“As part of our Office of Special Investigation cases, we do internal conflicts checks.

“After obtaining video and identifying the officers involved in the incident, we conducted this standard check.

“Four of the correction officers under investigation in the Robert Brooks matter are currently defendants in other matters and are being represented by lawyers in the Office of the Attorney General.

“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.

“And I will not allow justice to be delayed or denied because of a conflict.

“Earlier today, we filed papers in Onondaga County Supreme Court under County Law Section 701 to appoint Onondaga County District Attorney William J. Fitzpatrick as a special prosecutor in this matter.

“When a prosecutor is unable to take a case, County Law Section 701 allows for the appointment of a district attorney in the same judicial department.

“District Attorney Fitzpatrick has served Onondaga County for over 30 years. His office is well resourced to handle this complex and large investigation, and I thank him for taking on this case.

“Additionally, my office’s Division of State Counsel will not represent the Department of Corrections and/or its officers in this investigation.

“Again, this decision was made with the utmost respect for the integrity of this investigation, and we will ensure that there will not be any delays.

“My Office of Special Investigation will hand over all records to the District Attorney’s office immediately.

“My office has spoken with representatives of Mr. Brooks’ family to explain this decision. And I want to take this opportunity again to express my sincerest condolences to them during this unimaginable, difficult time.

“It is critically important that justice is served. This decision ensures that it will be.”

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