Photo Credit: Body-worn camera footage from 12/9/24 released by New York State Attorney General Letitia James' office

(WENY) -- Earlier this month, an investigation was launched into the death of an inmate at Marcy Correctional Facility in Oneida County. On Friday afternoon, New York State Attorney General Letitia James released body-worn camera footage of the incident.

The footage is from the body cameras of four New York State Department of Corrections and Community Supervision (DOCCS) officers who were present during the altercation with inmate Robert Brooks that allegedly led to his death.

According to a release from the Attorney General's office, Brooks was transferred from Mohawk Correctional Facility to Marcy Correctional Facility on Monday, December 9. Upon his arrival, the footage shows Brooks handcuffed and lifted to a medical examination room.

In the video, officers can be seen punching Brooks in the face, hitting him with his shoe, and picking him up by his neck and head. Brooks appeared to be handcuffed during the whole ordeal in the exam room.

Brooks was pronounced dead in the early hours of the following morning, Tuesday, December 10.

"I do not take lightly the release of this video, especially in the middle of the holiday season," said Attorney General James during Friday's press conference. "But as Attorney General, I release these videos because I have a responsibility and duty to provide the Brooks family, their loved ones, and all New Yorkers with transparency and accountability."

It is unconfirmed at this time why Mr. Brooks was transferred and taken to the medical room in the first place. Attorney General James also shared that officers did not activate their body-worn cameras during the incident.

"The four officers had their body warn cameras powered on but did not activate them," said Attorney General James. "So their cameras were recording video in standby mode without recording sound."

DOCCS Commissioner Daniel F. Martuscello III released a statement condemning the act and calling it vulgar and inhumane. He adds that several steps are already being taken within the agency to ensure the safety of officers and those in their care, including efforts to ensure body-worn camera policies are being followed by officers going forward.

Statement from NYS Department of Corrections and Community Supervision Commissioner Daniel F. Martuscello III -

"Watching the video evidence of Robert Brook’s life being taken left me feeling deeply repulsed and nauseated. There is no excuse and no rationalization for a vulgar, inhumane act that senselessly took a life. This type of behavior cannot be normalized, and I will not allow it to be within DOCCS. We will transparently and independently investigate this tragedy but also our entire department to identify places where we can improve and make changes. We have a responsibility to protect our staff and the individuals in our care. It is not enough to simply condemn this horrific act and then go back to business. Institutional change must follow, and we have already begun to take proactive steps to ensure that nothing like this can ever happen again within our facilities. There will be much more work to be done moving forward and we are committed as an agency to doing what it takes to ensure the safety of staff and those in our care. That is always the priority.
We’ve already taken the following steps:

• On Sunday, December 15th, I issued a statement about the use of force that led to the tragic death of Mr. Brooks, along with the investigation, referrals, and admin leave of staff. I also spoke to Mr. Brooks mother on the phone.

• Call with All Superintendents – I conveyed my disgust over this incident and reinforced my position of not tolerating the use of excessive force and the need to treat all people in our care with dignity and respect. I also reviewed the contents of a memorandum that I issued subsequent to the call that provided policy enhancements around Body Worn Cameras.

• Enhance Body Worn Camera policy -- we have issued a memo to all facilities expanding our body cam policy effective immediately. It is the obligation of our correction officers to have their body cams activated and on any time they are engaging directly with our incarcerated population. We’ve also required daily audits to ensure that body cams are being activated and used within each facility.

• Performance Matrix – We are working closely with our body cam vendor to implement advance performance matrix, additional body cam oversight, review and audit functionality that will allow us to safeguard those in our care

• Update and enhance Officer of the Day practice - We have expanded the requirements for senior leaders within each facility, ensuring we have senior leaders present at all shifts in every facility. The OD will be required to be present in the facility for at least one tour 1 shift. The OD shall respond to the medical area to evaluate staff and incarcerated individuals involved in a use of force, physical altercation or medical emergency.

• Memo to Incarcerated Individuals – again echoing transparency and accountability, I proactively communicated this tragedy to the II population and our commitment to investigate and improve as an agency.

· At the direction of the Governor - I began the termination process for those involved resulting in 13 staff being suspended without pay and one employee resigning.

· DOCCS continues to work proactively with all stakeholders and outside law enforcement entities to uncover the truth, obtain justice and ensure incidents like this do not happen again.

As Commissioner, I am committed to the utmost transparency and accountability in this matter. This was a killing, and people will be held accountable. No one is above the law and everyone who works here is held to the highest ethical standards. These individuals are not representative of the culture of DOCCS nor anything that DOCCS stands for. I am committed to vigorously pursuing justice for the Brooks family and ensuring that our agency takes the necessary steps to heal the community.”

Martuscello adds that he has been directed by Governor Kathy Hochul to begin the termination process for the 14 officers involved. Thirteen staff members are currently suspended without pay and one employee has resigned.

In a statement from December 21, Governor Hochul said, "I have been clear that it is the responsibility of the New York State Department of Corrections and Community Supervision to provide appropriate care and protection for those in its custody, and I will not tolerate anyone who violates that responsibility."

The Governor's most recent statement from Friday is as follows:

"“Like all New Yorkers, I was outraged and horrified after seeing footage of the senseless killing of Robert Brooks. I have been clear that it is the responsibility of the New York State Department of Corrections and Community Supervision to provide appropriate care and protection for those in its custody, and I will not tolerate anyone who violates that responsibility. That is why I ordered an immediate and full investigation into the death of Robert Brooks and further directed DOCCS Commissioner Martuscello to begin the termination process for the 14 individuals who were involved in his fatal attack. The State of New York has zero tolerance for individuals who break the law, and I am committed to holding everyone involved fully accountable. Once again, I want to offer my deepest condolences to Mr. Brooks’ family and loved ones as they grieve his tragic death. I am grateful to the Attorney General and her team, our State Police, and everyone working with us to ensure justice is served in this case.”

The Attorney General shared that the investigation is ongoing and her office, alongside the DOCCS Office of Special Investigations, will investigate the incident to their fullest capacity to ensure transparency to New Yorkers and the Brooks family as well as accountability to officers involved.

Additionally, the New York State Correctional Officers and Police Benevolent Association, the union representing the officers, has also commented on the matter.

Statement from NYSCOPBA:

"NYSCOPBA’s Executive Board has reviewed the video footage released by the Attorney General regarding the death of Robert Brooks at Marcy Correctional Facility.  What we have witnessed is reprehensible. It is clear to all of us that these actions are a disgrace to our profession and have put everyone inside our facilities at risk.  As correction officers and sergeants, we have a duty to protect every person inside a correctional facility.  At all times, we must be ready to stop those seeking to do harm, and that includes fellow staff.  We, as an organization, stand in complete defiance of the callous disregard for the suffering that we have all witnessed on this video.  NYSCOPBA will continue to fulfill its legal obligation to defend all members from all administrative charges, regardless of severity or public outcry.  However, as more information becomes readily available, NYSCOPBA must continue to focus its efforts on advocating on behalf of those members who dutifully come to work every day and act with the professionalism and selflessness demanded of them."

The Attorney General's full conference can be found here.

Additionally, a link to the cropped bodycam footage showcasing interactions with Brooks and the videos in their entirety can be found here. Viewer discretion is advised.