By Anne Hayes
syracuse.com
MARCY, N.Y. ― Two former guards acquitted of the murder of inmate Robert Brooks face no legal barriers preventing them from seeking reinstatement to their jobs as corrections officers.
Thomas Mailey, a state Department of Corrections and Community Supervision spokesperson, said Monday, however, that the officers will not be rehired or reinstated.
Two former guards ― Mathew Galliher and Nicholas Kieffer ― were acquitted Monday of all charges connected to the fatal beating of Robert L. Brooks on the night of Dec. 9, 2024 at Marcy Correctional Facility.
By avoiding felony convictions, they are eligible to request reinstatement to their jobs.
“The individuals in question have resigned from DOCCS employment and due to their egregious actions sitting idly by and watching the horrific murder of Robert Brooks, there is no place for them with DOCCS,” Mailey said.
While they were cleared of criminal liability, they failed to follow the DOCCS policy “duty to intervene.”
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The policy requires officers to step in when they see excessive force. The defense has stressed the policy is not a state law and cannot be used to assign criminal liability.
Galliher made $138,771 in 2024 and Kieffer was paid $135,588 in 2024, according to state payroll records at See Through NY.
David Kingsley, the third man on trial, was convicted of second-degree murder and first-degree manslaughter. His felony conviction automatically bars him from being reinstated with DOCCS.
Six other guards have pleaded guilty to felony charges in connection with the fatal beating of Brooks.
Another guard, Michael Fisher, is set to go to trial on his own in January. He’s charged with second-degree manslaughter.
In a statement Monday Gov. Kathy Hochul said there is “no tolerance” for the behavior of the guards that caused Brooks’ death.
“The vast majority of our correction officers do extraordinary work under difficult circumstances, and the actions of these individuals do not reflect the integrity and professionalism of the correction officers who continue to staff our facilities,” she said in the statement.
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