ROCHESTER, N.Y. — There is new information about the death of inmate Robert Brooks, who died after an incident involving correction officers at Marcy Correctional Facility. Attorneys are reviewing an Onondaga Medical Examiner’s report that is shedding more light on what happened to Brooks on Dec. 9, when he was moved to Marcy.
Lawyers representing the Brooks family say the most significant finding from the Medical Examiner’s Office is, they believe, the autopsy confirms and backs up what they say is believed to have happened.
“It was the combination of events that led to his deprivation of oxygen, due to all the injuries he suffered during the beating,” said Brooks’ family attorney Stephen Schwarz. "I can tell you that there were no surprises. I think that what you see on the video is what you would expect. You know, the autopsy report confirms exactly what you would expect to see. So, you know, there were no preexisting conditions that were determined. There was no toxicology that would suggest that, there was some other, something contributing to his death. What caused his death was the beating that he took and the acts of the corrections officers.”
The autopsy of Brooks reveals the manner of death – homicide, and the cause of death – compression of the neck and blunt trauma to the body.
“Compression of the neck, means basically that he was deprived of oxygen," Schwarz said. "He was unable to breathe due to the multiple injuries to his neck and the choking that occurred. As a result of that, as well as some other injuries that he suffered, making it more difficult for him to breathe.”
Schwarz says the autopsy confirms Brooks’ time of death – 3:52 a.m. on Dec. 10. That’s not much more than six hours after he arrived at Marcy Correctional, which is said to be between 9 and 10 p.m. on Dec. 9.
Schwarz represents the Brooks family in two civil lawsuits. He does believe the information in this report will be enough to not only clinch criminal indictments, but secure more severe charges.
“I think that this will help get the murder indictment that I think that they'll be seeking against at least some of the perpetrators, the worst of the perpetrators," he said.
Schwarz confirms the case is set to go before a grand jury, which he expects to begin next week. That will take place in Oneida County where the incident occurred.
More than a dozen correctional facility staff members have been suspended without pay as the investigation into Brooks' death continues. An additional employee resigned before he could be suspended, officials say.
A number of state lawmakers and activists have called for the prison to close following the incident and multiple bills have been proposed in response to Brooks' death.
In recent weeks, leadership with the New York State Department of Corrections and Community Supervision say they are committed to preventing an incident like this from happening again. They also have said that they already have implemented changes, including increasing the supervision of officers.
