The deaths of incarcerated individuals Robert Brooks and Messiah Nantwi at the hands of correction officers created a call for change within the prison system.
In the case involving Brooks, there were many COs who did not intervene while other COs beat Brooks to death. Onondaga County District Attorney William Fitzpatrick, the special prosecutor in the case, has repeatedly called for holding those officers accountable. Lawmakers and advocates are pushing for legislation that would require officials to intervene during violent incidents.
“We expect those who have the duty to serve and protect, sworn duty to serve and protect, do that no matter if it’s the most of society or the least of society, which happens to be, in this case, incarcerated individuals, or those who are currently in custody,” said Ruben Lindo, the director of government strategy for Shenker Russo and Clark.
He is pushing for legislation to get passed when the legislative session reopens that would require every police officer, peace officer and employee of a correctional facility to intervene in incidents of violence involving incarcerated individuals. Failure do so would result in a felony.
“We’re not for the legislation, we’re not against the legislation. We just want the accountability to flow in every direction,” said Bryan Hluska, the Central Region vice president for New York State Correctional Officers and Police Benevolent Association (NYSCOPBA).
Hluska says lawmakers are skimming over the real issues and this legislation could hurt officers.
“If we have to do a warranted cell extraction, you know, there’s people nervous and don’t want to do that, now they pass more legislation like this. The duty to intervene, I mean, is that going to make people, you know, go hands-off even more? So I don’t want to get involved in nothing now,” said Hluska.
“Let me remind NYSCOPBA that this bill is not an anti-corrections officer bill or an anti-law enforcement bill. If anything, it’s a pro-law-enforcement bill because it strengthens the officers who are willing to do the right thing and fully serve and protect,” said Lindo.
However, Hluska says COs and incarcerated individuals are becoming products of the environment inside the prison system due to assaults on staff, violence amongst incarcerated individuals, drug overdoses and contraband. He says that’s what needs to be focused on.
“I know that correction officers have a very tough job, I’ll be the first person to say that,” said Bronx Assemblyman Landon Dais, who is the cosponsor of the bill.
He says it is for accountability and safety.
“What we’re talking about is a man being strapped to a table, being beaten by six to eight people. There is no justification for how that man died on a table with medical personnel and correctional officers watching idly by,” said Dais.
Both Dais and Lindo say they’re optimistic about getting the bill across the finish line.
“We can’t be too far left. We can’t be too far right. We have to figure out a way to land in the middle here,” said Hluska.
Lawmakers are back in session come January 2027.