Prosecutor pushes for criminal charges against prison guards in N.Y. who witness inmate abuse

Onondaga County District Attorney William Fitzpatrick is proposing legislation that would criminally charge law enforcement officers who fail to stop colleagues from using excessive force against inmates, according to Syracuse.com.

The proposed Duty to Intervene and Accountability Act would require corrections officers, police officers and state troopers to intervene when they witness unjustifiable force and have a clear opportunity to act. Officers who stand by could face charges of second-degree manslaughter, carrying a maximum 15-year prison sentence, or second-degree assault, Syracuse.com reported.

The proposal follows the acquittal last fall of two prison guards who watched as fellow guards beat inmate Robert Brooks to death at an Oneida County state prison in 2024. The two guards used pepper spray and applied leg shackles during the fatal beating but did not stop the violence. They were acquitted of second-degree murder and all other charges…

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