ALBANY, N.Y. — New York’s attorney general appointed a veteran district attorney Thursday as a special prosecutor in the death of a man who was beaten by state corrections officers, saying she needed to recuse her office to avoid potential conflicts.
Attorney General Letitia James, whose office had been investigating events preceding last month’s death of Robert Brooks, said the 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 the custody of law enforcement, but James said four of the officers under investigation were being represented by lawyers in her office in other litigation and that could create problems.
“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,” James said in a video message. “And I will not allow justice to be delayed or denied because of a conflict.”
A call seeking comment was made to Fitzpatrick’s office.
Recently released body camera video shows officers punching Brooks while he was handcuffed on a medical examination table at Marcy Correctional Facility on Dec. 9. One officer uses a shoe to strike Brooks in the stomach, and another yanks him up by his neck and drops him back on the table.
Brooks was pronounced dead the following morning.
The beating has prompted widespread condemnation and calls for reform. Gov. Kathy Hochul, who said she was “outraged and horrified” by the videos, appointed a new superintendent and said 13 correctional officers and a nurse implicated in the attack will face termination.
Now that a special prosecutor has been appointed, Hochul said, she expects his team will work quickly to bring charges.
“The video of this horrific attack demonstrates that crimes clearly were committed, and I believe initial charges can be brought even as 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 “concern for asphyxia due to compression of the neck as the cause of death, as well as the death being due to actions of another,” according to court filings.
Brooks, who was 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 only hours before the beating after being transferred from another nearby facility, officials said.