Photo: Effi / iStock / Getty Images
David Walters, a former corrections officer at Marcy Correctional Facility, has been released from custody as he seeks to withdraw his guilty plea in the case of inmate Robert Brooks's death. Walters was among 10 officers indicted following Brooks's fatal beating on December 9, 2024. He had accepted a plea deal for second-degree manslaughter, which could have resulted in a prison sentence of up to seven years.
Walters's release from Elmira Correctional Facility came after posting a $100,000 bond, as ordered by State Supreme Court Justice James McClusky. His lawyer, Nicholas Passalacqua, is challenging the guilty plea, arguing that Walters was prosecuted based on an employment directive, not a state law. Passalacqua claims that the judge initially indicated the directive would be treated as law, but later instructed the jury otherwise.
The directive in question pertains to the duty to intervene, which Passalacqua argues is not legally binding. Walters admitted to standing by during the assault on Brooks and preventing a nurse from intervening. Two of Walters's co-defendants were acquitted in a related trial, while one was convicted of murder.
Walters's legal team now has 120 days to file an appeal, after which the prosecution will respond, and the court will decide on the appeal. If no appeal is filed by mid-April, Walters must return to prison. The case continues to draw attention to the legal responsibilities of corrections officers and the policies governing their conduct.