Corrections commissioner calls inmate’s beating death a ‘killing’

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Prison commissioner orders changes after beating

Prison commissioner orders changes after beating incident. He said he is deeply repulsed by footage.

The commissioner for the New York State Department of Corrections and Community Supervision called the death of inmate Robert Brooks at Marcy Correctional Facility a “killing” and said there was no excuse for the behavior seen by corrections officers seen beating him on videos.  

Daniel Martuscello III said one officer has already resigned and 13 suspended after Brooks’ death on Dec. 10. Attorney General Letitia James on Friday released videos that shows officers punching Brooks. He is also being grabbed by the collar with his hands handcuffed behind his back.  

“This was a killing, and people will be held accountable.” Martuscello said. “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 said he is committed to transparency in the investigation.   

Martuscello said in a statement that he has begun an immediate review of this incident. He has contacted all prison facility superintendents to reinforce the position that the agency will not tolerate the use of excessive force. He is also expanding use of body-worn cameras effectively immediately. The agency is working with its body cam vendor to improve their performance and provide more oversight, according to the statement. 

In addition, he said DOCCS has expanded its requirements to make sure senior leaders are present in each facility at all shifts. The Officer of the Day will be required to be in the facility for at least one tour shift and will respond to medical care area to evaluate staff and incarcerated individuals who are involved in use of force, physical assault or medical emergency.  

Martuscello said he relayed information about this tragedy to all inmates and informed them of the commitment to investigate and improve as an agency.  

“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,” he said.