UTICA, N.Y. (AP) — A former New York state prison guard was found guilty of murder Monday in the death of an inmate who was beaten while handcuffed, while two other guards were acquitted for their roles in the attack that was caught on body-camera footage.
A jury delivered the verdicts in a courtroom just miles from the Marcy Correctional Facility, where Robert Brooks was pummeled by correctional officers upon his arrival on the night of Dec. 9. Five guards indicted in February had previously pleaded guilty to manslaughter in Brooks’ death.
David Kingsley, Mathew Galliher and Nicholas Kieffer were tried on charges of murder and first-degree manslaughter.
Kingsley was found guilty of both charges. Body-camera footage played at the trial showed him holding Brooks by the neck and lifting him as multiple guards surrounded the handcuffed man.
Kieffer, who deployed pepper spray, and Galliher, who attached shackles to Brooks’ legs, according to attorneys, were acquitted on all counts.
The defendants sat stoically when the verdicts — delivered after more than two full days of deliberations — were read. Supporters in the gallery sobbed when Kieffer was acquitted.
A judge immediately revoked Kingsley’s bail and he was led away in handcuffs. His attorney declined to comment after the verdict,
“Today, the jury made the right decision in finding David Kingsley guilty of murder. While it was hard to see Mathew Galliher and Nicholas Kieffer be given a pass, it highlights the need for systemic change,” Brooks’ family said in a prepared statement.
Brooks’ son, Robert Brooks Jr. attended much of the trial but was not in court Monday morning.
Kieffer and Galliher embraced each other before leaving the courtroom.
“I’m very appreciative of what the jury did and how they were able to deliberate and find me not guilty,” Kieffer told reporters outside. He and Galliher were also cleared of charges of gang assault. A jury also declined to convict Kieffer of a fourth charge of filing a false instrument.
Jurors declined to speak on the record as they walked to their cars.
Brooks, 43, was beaten three separate times as soon as he arrived at the prison, the last being the fatal beating in the infirmary caught on the silent body-camera footage, according to Onondaga County District Attorney William Fitzpatrick.
The video footage of Brooks in handcuffs being punched and stomped triggered widespread shock and was central to the prosecution’s case at trial. The video has no sound, but the guards doling out the punishment and watching it unfold appear unconcerned.
Brooks suffered a badly broken nose, a black eye and injuries to the spleen, liver, neck and groin. Blood leaked into his lungs and stomach, officials said.
Galliher declined to comment following his acquittal. His lawyer said state prison officials owe him an apology for putting him in this situation.
“Mathew Galliher is a man of integrity. He should never have been put through this ordeal,” Kevin Luibrand told reporters.
But William Fitzpatrick, the special prosecutor, told the jury that the guards had acted together as a gang and “they all killed that man.” The murder charges accuse the officers of acting in a way that showed a depraved indifference to human life.
Brooks had been serving a 12-year sentence for first-degree assault since 2017. He was transferred that night from a nearby prison.
Six of the 10 guards indicted in February were charged with murder. In addition to five guards who pleaded guilty to first- or second-degree manslaughter, another guard pleaded guilty to a misdemeanor charge of attempted tampering with physical evidence.
Another corrections officer is scheduled to go on trial for second-degree manslaughter in January.
Three more have agreed to plead guilty to reduced charges and are cooperating with prosecutors, including two former guards who testified at the trial.
Fitzpatrick said that prosecutors went into the case thinking that four of the officers needed to be held accountable for Brooks’ death, including three who accepted plea deals and Kingsley.
Sentencing for Kingsley is scheduled for Dec. 16.
Fitzpatrick took over the case as a special prosecutor after state Attorney General Letitia James recused herself, citing her office’s representation of several officers in separate lawsuits.
He said the U.S. Attorney’s Office for western New York is investigating the case and weighing whether to bring federal charges.
Fitzpatrick also is prosecuting guards in the fatal beating of Messiah Nantwi on March 1 at a nearby prison, the Mid-State Correctional Facility. Ten guards were indicted in April, including two who are charged with murder, in Nantwi’s death.
By MICHAEL HILL
Associated Press
