ROCHESTER, NY (WROC) — Three of the correction officers connected to the death of Robert Brooks at Marcy Correctional Facility rejected their plea deals in a Utica courtroom Tuesday.
Nicholas Kiefer, Anthony Farina, and David Kingsley will be going to trial after rejecting their plea deals. Had Kiefer pleaded guilty to gang assault, he would have been sentenced to 12 years in prison and five years post-release supervision. If Farina and Kingsley pleaded guilty to second-degree murder, they would have been sentenced to 15-18 years in prison.
The three former guards did not take the prosecution’s offer. If convicted, they could face 25 years to life in prison.
10 Marcy correction officers were arrested and charged in connection with Brooks’ death. Christopher Walrath pleaded guilty to first-degree manslaughter in exchange for 15 years in prison. Many of the suspects were given time to consider plea deals.
Matthew Winchell, an associate attorney with Tully Rinckey PLLC, says selecting a jury will pose as a significant challenge for a case of this magnitude.
“In my opinion, they’re going to have a hard time sitting a jury when it comes to this type of a trial because it’s gotten so much media attention. The body camera footage is out there. Everyone is speaking about it,” said Winchell, “It’s going to be difficult to find 14 total people. 12 to sit on the jury and at least two alternates who don’t know about this case or have never heard about this case. Giving these CO’s the due process they are, by law, entitled to of a right to a fair and impartial jury is going to be difficult in Oneida County.”
Brooks was a 43-year-old Greece native, and was serving a sentence at Marcy Correctional Facility for an assault that happened in Monroe County. He died the following day.
“It goes without saying that what happened to Mr. Brooks is a tragedy. I think most of us have seen the body camera footage and it’s terrible that that happened to him. He committed a crime and he was paying the price for the crime he committed,” said Winchell, “Due process has to play out. They’re entitled to their day in court. They’re going to have it and whether or not it’s a fair and impartial jury – that’s yet to be seen.”
The three former guards who rejected their plea deals Tuesday are expected to return to court for trial June 3.
