Written By: Devin Brazell
Within the last year, several former Marcy corrections officers have been facing charges and legal battles because of the death of inmate Robert Brooks, with the final defendant facing his looming trial this month. David Walters, who previously took a plea deal, is now appealing the denial of his motion to withdraw his plea. Should his appeal not resolve in his favor, Walters will return to prison to carry out his current sentence of 2 ⅓ to 7 years.
Who was Robert Brooks?
On December 9, 2024, Robert Brooks, who was serving a 12-year sentence in the Mohawk Correctional Facility, was transferred to the Marcy Correctional Facility after an altercation with other inmates. Upon being transferred, Brooks was subject to severe beating by several corrections officers, ultimately ending in his death. His death was later ruled a homicide as a result of extensive blunt impact injuries and compression of the neck.
Charges were brought against several officers that were involved in the death of Brooks. In early September, four officers took plea deals, with two pleading guilty to first degree manslaughter and two pleading guilty to second degree manslaughter. Three other officers went to trial the next month where two were acquitted of their charges and only one officer, David Kingsley, was convicted of murder and sentenced to 25 years in prison. The trial for Michael Fisher, the remaining officer who rejected a plea deal, is set to begin in early January.
The Plea at Issue
On September 22, 2025, David Walters pleaded guilty to second degree manslaughter, opting not to go to trial. While formerly facing 25 years to life in prison, upon taking this plea deal his sentence was reduced to 2 ⅓ to 7 years in prison. Before taking the plea, Walters’ attorney attempted to argue that the theory Walters was being held liable under was a duty to intervene, which he argued was only a policy of the Department of Corrections and Community Supervision (DOCCS) and not a law. The argument was therefore that Walters could not be held criminally liable because he had broken no law. The judge disagreed, stating that state and case law shows that corrections officers have a duty to intervene. Walters then took the plea and was returned to prison to carry out his sentence.
The next month, during the trial of the three previously mentioned officers, the judge instructed the jury that the defendants could not be held liable solely for a violation of the DOCCS policy and that this policy was simply a directive, not a law. Walters then moved to withdraw his plea, arguing that the judge differed in the directions he had originally stated would be given to the jury. Walters’ argument seems to be that if he had rejected the plea deal and gone to trial then he would have been acquitted under the jury instructions given by the judge during trial.
In November, Walter moved to withdraw his plea and was denied by the judge. In early December, a judge granted the release of Walters from jail on bail pending his appeal of this denial. At the end of December, a Jefferson County Supreme Court judge ruled to allow Walters to remain out of jail pending appeal, citing the lack of waiver of appeal as his reasoning. Walters’ attorney stated that their main argument will focus on the employment directive of a duty to intervene lacking any legal quality. He asserts that the legislature has often considered making a duty to intervene for these officers a law but has yet to do it. The argument is that
without characterizing the duty to intervene as a law, Walters cannot be held criminally liable and the judge was wrong to have instructed them otherwise.
What Happens Now?
Pleas that have already resulted in sentencing are often harder to withdraw, with judges likely looking at whether not allowing the withdrawal would result in obvious injustice. Judges also look at the reasons behind the need to withdraw, often cited as attorney misconduct.
In this case, there are arguments on either side when considering injustice. The prosecution will argue that Walters pleaded guilty and was already carrying out his sentence when the trial happened and regret because two officers were acquitted does not justify a plea withdrawal. On the other hand, the defense team may argue that it is injustice to not allow a plea withdrawal when the plea was made in reliance on a judge’s promise to instruct the jury in a way opposite of what he ultimately did. This seems to be the reason why Walters is attempting to withdraw his plea, and his attorney may attempt to use judicial error as a further reason, citing the inconsistency in the judge’s instructions.
Walters’ attorney has been given 120 days from December 10, 2025, to file an appeal to the previous denial of his motion to withdraw the guilty plea, allowing him until the beginning of April to consider arguments. The prosecution has stated they intend to consider their own options and arguments, but for now the continued cases of the Marcy corrections officers remain unclosed.
Sources
Carleigh Minor, Attorney explains release of ex-CO who pleaded guilty in Robert Brooks’ death, 13ABC WHAM, https://13wham.com/news/local/attorney-explains-release-of-ex-co-who-pleaded-guilty-in-robert-brooks-death-marcy-correctional-facility-david-walters (December 11, 2025).
Jon Moss, Ex-N.Y. corrections officer seeks to withdraw guilty plea in death of Robert Brooks, CORRECTIONS1, https://www.corrections1.com/legal/former-co-out-of-n-y-prison-amid-effort-to-overturn-guilty-plea-in-death-of-robert-brooks (December 11, 2025).
Jon Moss, 4 Cos plead guilty in death of Robert Brooks, CORRECTIONS1, https://www.corrections1.com/legal/4-cos-plead-guilty-in-death-of-robert-brooks (September 22, 2025).
JUSTIA, Withdrawing a Guilty Plea in a Criminal Law Case, https://www.justia.com/criminal/plea-bargains/withdrawing-a-guilty-plea/ (last reviewed October 2025).
Lane Russell, Corrections officer released on bail pending appeal in Marcy inmate death case, CNYCENTRAL, https://cnycentral.com/news/local/corrections-officer-released-on-bail-pending-appeal-in-manslaughter-case (December 11, 2025).
Matthew Benninger, Former Marcy CO facing manslaughter charge has final hearing before jury selection, CNYCENTRAL, https://cnycentral.com/news/local/former-marcy-co-facing-manslaughter-charge-has-final-hearing-before-jury-selection-robert-brooks-messiah-nantwi-mid-state (December 19, 2025).
Matthew Benninger, Judge allows former Marcy officer out on bail despite guilty plea in inmate’s death, 13ABC WHAM, https://13wham.com/news/local/judge-allows-former-marcy-officer-out-on-bail-despite-manslaughter-plea-in-inmates-death (December 22, 2025).