Robert Brooks, 43, died a day after being attacked by several correctional officers at the Marcy Correctional Facility on Dec. 9. His death has prompted a state investigation.
*** There is a video at the site linked above that is very informative and shows the man before the police killed him. ***
The office of New York’s attorney general released body camera footage Friday showing the fatal beating of a state prisoner this month by correctional officers who punched and kicked him repeatedly while he was handcuffed on an infirmary bed.
The incident, which has drawn outrage from political leaders and was condemned by the officers’ union as “incomprehensible,” is being investigated by state Attorney General Letitia James. The inmate, Robert Brooks, 43, died in the hospital a day after the Dec. 9 attack.
“I do not take lightly the release of this video, especially in the middle of the holiday season,” James said at a virtual news conference.
“These videos are shocking and disturbing,” she added.
Brooks can be seen in the videos with his hands cuffed behind his back. In one video, he is sitting up as an officer presses his foot down on him. He is then punched by two officers.
At another point, he is forcefully yanked from the bed by his shirt collar and held up above the ground, his face visibly bloodied.
Robert Brooks as seen in body camera footage at the Marcy Correctional Facility in Oneida County, New York, on Dec. 9.Office of the New York State Attorney General
Last week, Gov. Kathy Hochul ordered the state Department of Corrections and Community Supervision to begin the process of firing 14 workers at the Marcy Correctional Facility in Oneida County, where the incident occurred. They include correctional officers, sergeants and a prison nurse. In the interim, all have been suspended without pay, except for one officer, who already resigned. In a statement following the release of the videos, Daniel Martuscello, the commissioner of the state corrections department, said his office has launched its own investigation in an effort to bring “institutional change.”
“Watching the video evidence of Robert Brooks’ life being taken left me feeling deeply repulsed and nauseated,” Martuscello said. “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.”
James said the officers had not activated their body cameras, but they were still on and recorded in standby mode. As a result, she added, they did not capture audio and only recorded for 30 minutes.
Her office released the entirety of the four officers’ videos, which included some blurring.
On Dec. 9, James said, Brooks was being transferred from the Mohawk Correctional Facility, also in Oneida County, to Marcy Correctional Facility. The events unfolded in a medical exam room before 9:30 p.m. Brooks was carried into the room hanging upside down with his hands handcuffed behind his back, one video shows.
The entrance to Marcy Correctional Facility state prison on Thursday, Dec. 19, 2024, in Marcy, N.Y. (Will Waldron/Albany Times Union via Getty Images)Will Waldron / Albany Times Union / Getty Images
Without audio, it’s unclear what words were exchanged between Brooks and the officers. While he does not appear to physically retaliate in the footage, the videos present different angles, and at times it’s unclear what is happening to Brooks as officers move and stand around the room. After the officers yank Brooks from the bed, he is brought to a corner. Later, he is seen on the bed wearing only his underwear and being tended to by the nurse.
Brooks was taken to the hospital and died the following day. An autopsy was conducted, and “preliminary findings show 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 a state corrections office investigative report obtained by NBC affiliate WKTV in Utica.
In the wake of the initial media reports, James said her Office of Special Investigation would conduct a review and make the video public after Brooks’ family viewed it first.
“I have a responsibility and duty to provide the Brooks family, their loved ones and all New Yorkers with transparency and accountability,” she said Friday.
Attorney General Letitia James speaks during a press briefing on Nov. 6.Lev Radin / Pacific Press / Getty Images
Brooks had been imprisoned since 2017 on a 12-year sentence for first-degree assault involving a longtime girlfriend. State corrections officials declined to detail what led Brooks to be transferred to the Marcy Correctional Facility, a medium-security prison, that night. The New York State Correctional Officers and Police Benevolent Association did not immediately respond to a request for comment Friday, but the union has previously said it viewed parts of the videos.
“What we witnessed is incomprehensible to say the least and is certainly not reflective of the great work that the vast majority of our membership conducts every day,” the union said in a statement this week, adding what transpired is the “opposite of everything NYSCOPBA and its membership stand for.”
Hochul said in a statement that the “vast majority” of correctional officers “do extraordinary work under difficult circumstances,” but “we have no tolerance for individuals who cross the line, break the law and engage in unnecessary violence or targeted abuse.”
Martuscello said the agency has expanded its body camera policy effective immediately, requiring all corrections officers to have their cameras activated any time they are engaging directly with inmates.
The Correctional Association of New York, an independent prison oversight group, released a report last year after monitoring the Marcy Correctional Facility in October 2022. The report noted complaints of “rampant” physical abuse by staff members, with 80% of incarcerated people reporting having witnessed or experienced abuse and nearly 70% reporting racial discrimination or bias.
Brooks’ family thanked Hochul in a statement this week for taking action “to hold officers accountable.”
“We cannot understand how this could have happened in the first place,” the family said. “No one should have to lose a family member this way.”
The Colorado TV reporter told police that he believed he had been followed by the man because he is Pacific Islander.
Colleen Slevin
A Colorado man is facing possible bias-motivated charges for allegedly attacking a television news reporter after demanding to know whether he was a citizen, saying “This is Trump’s America now,” according to court documents.
Patrick Thomas Egan, 39, was arrested Dec. 18 in Grand Junction, Colorado, after police say he followed KKCO/KJCT reporter Ja’Ronn Alex’s vehicle for around 40 miles (64 kilometers) from the Delta area. Alex told police that he believed he had been followed and attacked because he is Pacific Islander.
After arriving in Grand Junction, Egan, who was driving a taxi, pulled up next to Alex at a stoplight and, according to an arrest affidavit, said something to the effect of: “Are you even a U.S. citizen? This is Trump’s America now! I’m a Marine and I took an oath to protect this country from people like you!”
Alex, who had been out reporting, then drove back to his news station in the city. After he got out of his vehicle, Egan chased Alex as he ran toward the station’s door and demanded to see his identification, according to the document laying out police’s evidence in the case. Egan then tackled Alex, put him in a headlock and “began to strangle him,” the affidavit said. Coworkers who ran out to help and witnesses told police that Alex appeared to be losing his ability to breathe during the attack, which was partially captured on surveillance video, according to the document.
According to the station’s website, Alex is a native of Detroit. KKCO/KJCT reported that he was driving a news vehicle at the time.
Egan was arrested on suspicion of bias-motivated crimes, second degree assault and harassment. He is scheduled to appear in court Thursday to learn whether prosecutors have filed formal charges against him.
Egan’s lawyer, Ruth Swift, was out of the office Friday and did not return a telephone message seeking comment.
So much of this story is upsetting. But one detail stood out to me, and it has not been stressed enough when police violence and false arrests. The man, Mr. Brock lost his job three days after the brutal assault and may have suffered severe financial distress. Police and prosecutors know that often just being charged can ruin a persons life. Hugs
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Joseph Benza III, main officer involved in incident with Emmett Brock, pleaded guilty in federal court last week
Multiple L.A. sheriff's deputies relieved of duty as feds probe beating of trans teacher https://t.co/JNQeqBKe9P
Before I share the clips a personal note. I spend the morning with Ron. We went to get blood work done. Then we did some other things. Then he went shopping while I did housework. Then after he got home I started working on a computer project a friend asked me if I would do for him as he couldn’t do it. I agreed to. I still have a lot of work on it but I will get it done today I think.
The lab work came back and I think I have a reason while I have been so tired, short of breath, and not able to concentrate or think clearly. My blood work shows I am very anemic again. I once had it get so bad I collapsed as I was entering my allergist office. They thought I was having a heart attack and I ended up in the hospital. Turned out my heart is great, but my damaged large bones don’t produce enough red blood cells. Their solution was to eat more red meat and take iron supplements. For a long time they watched for it but as I always managed to stay right inside the ok zone they stopped worrying about it. But my diet changed, red meat got too expensive and I just don’t eat much anymore. But my lab work showed my hematocrit is very low. So I imagine the doctor will ask me to do some more tests. I hope I don’t need a blood transfusion, that sucks. Now on to the clips, enjoy.
(This is a valid POV. Also, if you go ahead and click the links, you’ll get simply the embed you clicked on. If you click the link above, you can see the whole story with the embeds. The whole story is here, with the embed links.)
The response to UnitedHealthcare CEO Brian Thompson being shot and killed in Manhattan last week has been…interesting, to say the least. Dude, whose identity remains unknown and is probably somewhere cooling in Istanbul while the Feds and everyone else continue searching for him, has turned into a something of a pop culture icon.
The online reactions of Black folks to the killer and Thompson himself have run the gamut, from outright hostility, like this guy…
…to intellectually nuanced and dense articulations of why they are unmoved about the killing of this white man who theoretically became rich off the back of the misfortunes of the sick. (Let’s call this intellectual hostility.)
What’s most surprising is the amount of love this hoodie wearing, N95-masked gentleman who used a silencers to kill a man in broad daylight in the heart of New York City is receiving. There has not been this much adoration for a white man since Channing Tatum took his clothes off dancing off beat in Magic Mike. I mean, there’s already been a lookalike competition:
…ain’t no damn way a Black man would get this kind of love if he pulled the trigger. I’m quite positive that there are white people in the sundown town of Cullman, Ala. who are fine with a white man doing this crime but would pull out their big ass trucks with a Confederate flag on the front to find the perpetrator if he was Black.
Denzel Washington could have pulled the trigger, and folks would have thanked him for the years of joy he brought to their lives and thrown his ass under the jail.
The response to this murder (I refuse to call it an “assassination” because Thompson could have caught some lead for something as simple as sleeping with the nanny and her boyfriend pulling out the .44 on him.) is at once expected in our society and, well, pretty nonsensical.
And like all things that make no sense anymore, I blame this on Donald Trump…and that dude hasn’t even moved into the White House yet. I’m just glad the killer wasn’t a Black man, because we’d all be face-down in handcuffs getting profiled throughout the damn country.
FILE – Members of the Memphis Police Department work a crime scene in Memphis, Tenn., Tuesday, Jan. 24, 2023. (AP Photo/Gerald Herbert, File)
By ADRIAN SAINZ, JONATHAN MATTISE and ALANNA DURKIN RICHER
Updated 9:27 PM EST, December 4, 2024
The Memphis Police Department uses excessive force and discriminates against Black people, according to the findings of a U.S. Department of Justice investigation launched after the beating death of Tyre Nichols after a traffic stop in 2023.
A report released Wednesday marked the conclusion of the investigation that began six months after Nichols was kicked, punched and hit with a police baton as five officers tried to arrest him after he fled a traffic stop.
The report says that “Memphis police officers regularly violate the rights of the people they are sworn to serve.”
“The people of Memphis deserve a police department and city that protects their civil and constitutional rights, garners trust and keeps them safe,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in an emailed statement.
The city said in a letter released earlier Wednesday that it would not agree to negotiate federal oversight of its police department until it could review and challenge results of the investigation.
City officials had no immediate comment on the report but said they plan to hold a news conference Thursday after Justice Department officials hold their own news conference in Memphis on Thursday morning to address the findings.
Police video showed officers pepper spraying Nichols and hitting him with a Taser before he ran away from a traffic stop. Five officers chased down Nichols and kicked, punched and hit him with a police baton just steps from his home as he called out for his mother. The video showed the officers milling about, talking and laughing as Nichols struggled with his injuries.
Nichols died on Jan. 10, 2023, three days after the beating. The five officers — Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills Jr. and Justin Smith — were fired, charged in state court with murder, and indicted by a federal grand jury on civil rights and witness tampering charges.
Nichols was Black, as are the former officers. His death led to national protests, raised the volume on calls for police reforms in the U.S., and directed intense scrutiny towards the police department in Memphis, a majority Black city. The Memphis Police Department is more than 50 percent Black, and police chief Cerelyn “CJ” Davis is also Black.
The report specifically mentions the Nichols case, and it addresses the police department’s practice of using traffic stops to address violent crime. The police department has encouraged officers in specialized units, task forces, and on patrol to prioritize street enforcement, and officers and community members have described this approach as “saturation,” or flooding neighborhoods with traffic stops, the report said.
“This strategy involves frequent contact with the public and gives wide discretion to officers, which requires close supervision and clear rules to direct officers’ activity,” the report said. “But MPD does not ensure that officers conduct themselves in a lawful manner.”
The report said prosecutors and judges told federal investigators that officers do not understand the constitutional limits on their authority. Officers stop and detain people without adequate justification, and they conduct invasive searches of people and cars, the report said.
“Black people in Memphis disproportionately experience these violations,” the report said. “MPD has never assessed its practices for evidence of discrimination. We found that officers treat Black people more harshly than white people who engage in similar conduct.”
The investigation found that Memphis officers resort to force likely to cause pain or injury “almost immediately in response to low-level, nonviolent offenses, even when people are not aggressive.”
The report says officers pepper sprayed, kicked and fired a Taser at an unarmed man with a mental illness who tried to take a $2 soda from a gas station. By the end of an encounter outside the gas station, at least nine police cars and 12 officers had responded to the incident, for which the man served two days in jail for theft and disorderly conduct.
In a letter to the Justice Department’s Civil Rights Division released earlier Wednesday, Memphis City Attorney Tannera George Gibson said the city had received a request from the DOJ to enter into an agreement that would require it to “negotiate a consent decree aimed at institutional police and emergency services.”
A consent decree is an agreement requiring reforms that are overseen by an independent monitor and are approved by a federal judge. The federal oversight can continue for years, and violations could result in fines paid by the city.
It remains to be seen what will happen to attempts to reach such agreements between cities and the Justice Department once President-elect Donald Trump returns to office and installs new department leadership. The Justice Department under the first Trump administration curtailed the use of consent decrees, and the Republican president-elect is expected to again radically reshape the department’s priorities around civil rights.
“Until the City has had the opportunity to review, analyze, and challenge the specific allegations that support your forthcoming findings report, the City cannot — and will not — agree to work toward or enter into a consent decree that will likely be in place for years to come and will cost the residents of Memphis hundreds of millions of dollars,” the letter said.
The officers in the Nichols case were part of a crime suppression team called the Scorpion Unit, which was disbanded after Nichols’ death. The team targeted drugs, illegal guns and violent offenders, with the goal of amassing arrest numbers, while sometimes using force against unarmed people.
Memphis police never adopted policies and procedures to direct the unit, despite alarms that it was minimally supervised, according to the Justice Department report. Some prosecutors told department investigators that there were some “outrageous” inconsistences between body camera footage and arrest reports, and if the cases went to trial, they would be “laughed out of court.” The report found that the unit’s misconduct led to dozens of criminal cases being dismissed.
In court proceedings dealing with Nichols’ death, Martin and Mills pleaded guilty to the federal charges under deals with prosecutors. The other three officers were convicted in early October of witness tampering related to the cover-up of the beating. Bean and Smith were acquitted of civil rights charges of using excessive force and being indifferent to Nichols’ serious injuries.
Haley was acquitted of violating Nichols’ civil rights causing death, but he was convicted of two lesser charges of violating his civil rights causing bodily injury. The five men face sentencing by a federal judge in the coming months.
Martin and Mills also are expected to change their not guilty pleas in state court, according to lawyers involved in the case. Bean, Haley and Smith have also pleaded not guilty to state charges of second-degree murder. A trial in the state case has been set for April 28.
Justice Department investigators have targeted other cities with similar probes in recent years, including Minneapolis after the killing of George Floyd, and Louisville, Kentucky, following an investigation prompted by the fatal police shooting of Breonna Taylor.
In its letter, the city of Memphis said the DOJ’s investigation “only took 17 months to complete, compared to an average of 2-3 years in almost every other instance, implying a rush to judgment.”
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Mattise reported from Nashville, Tennessee, and Durkin Richer reported from Washington.
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