(NewsNation) — Newly released police bodycam video shows New York correctional officers repeatedly punching a handcuffed man in the face and stomach while he was sitting on a medical examination table on Dec. 9.
Robert Brooks, 43, was transported from another jail to the Marcy Correctional Facility in Oneida County, about 50 miles east of Syracuse, when the alleged assault happened. He died at a local hospital the next day in the early morning, according to the New York State Attorney General’s Office.
Brooks, wearing a dark green prison uniform, does not appear to resist in the silent video, yet officers used force. At least one officer punched him multiple times, and one held him down with the officer’s leg fully extended and his foot on his chest. Later, another grabbed Brooks by his shirt collar, carrying him to the door suspended in the air, at which point Brooks fell to the ground.
The apparent assault occurred for multiple minutes, leaving him with a bloody nose and at many times slouching over after the punches.
The attorney general’s office released the footage Friday, which includes videos from cameras worn by three correctional officers and one sergeant. The Attorney General’s Office of Special Investigation (OSI) is investigating the use-of-force incident, which is standard under state law.
“The release of this footage follows Attorney General (Letitia) James’ directive that camera footage obtained by her office during an OSI investigation be released to the public to increase transparency and strengthen public trust in these matters,” a Dec. 27 news release said.
Kirk Burkhalter, a former New York Police detective and now law professor, told NewsNation on “Morning in America with Hena Doba” that Brooks’ family may have a civil rights lawsuit claim, but he said he thinks the family would seek justice through the criminal justice system first.
“This was just a New Yorker who is seemingly beat up by an officer or a corrections officer,” Burkhalter said.
Attorney General Letitia James has not said if her office will file against the officers.
“But why would they not be charged, especially with this body cam video?” Burkhalter said.
To file criminal charges, the state would have to establish that the correction officers caused Brooks’ death.
“One would believe the link is quite evident between the beating and the victim’s death. However, this has to be established by a medical examiner,” Burkhalter said. “I think that the attorney general is correct for not getting ahead of herself yet until she’s consulted with her attorneys and all the medical examiner’s reports.”
New York Gov. Kathy Hochul called for the firing of 13 officers and a nurse over the fatal beating.
“The vast majority of correction officers do extraordinary work under difficult circumstances, and we are all grateful for their service,” Hochul said in a news release last week. “But we have no tolerance for individuals who cross the line, break the law and engage in unnecessary violence or targeted abuse.”
Thirteen employees were suspended without pay, while one resigned, according to the Associated Press.
The attorney general previously said she would release the footage once Brooks’ family had reviewed it.
“It’s not always reviewed instantaneously … It doesn’t mean there was any nefarious intent given the amount of time that it took, just has to work its way through the channels,” Burkhalter said. “We don’t have any law laws in place that says body cam footage must be released in a particularized amount of time.”
Some officers never activated their body cameras, which Burkhalter said can happen for multiple reasons, such as an accident or malfunctions.
“When you have such a horrible incident, and that is coupled with a delay in the activation of the bodycam, it leads one to believe that there was some intent to delay its activation,” Burkhalter said. “But I would reserve judgment on that until all the facts come out.”
The state Department of Corrections and Community commissioner said he would implement “institutional change” in his department.
“All law enforcement officers have to realize and ensure that they understand that the job of law enforcement is not to dole out punishment. That’s the job of the courts,” he said. “Police officers, their job is to deliver an offender to the court. Correction officers, their job is to ensure that the court’s sentence is carried out.”
Brooks had been serving a 12-year prison sentence for first-degree assault since 2017, according to the AP.
NewsNation’s Hena Doba contributed to this story.
