COUNTY COURT

COUNTY OF ONEIDA STATE OF NEW YORK

THE PEOPLE OF THE STATE OF NEW YORK,

Indictment No. I 2025-035
vs. Index No. 25-___

NICHOLAS ANZALONE IND-70121-25/001 IND-70121-25/006

DAVID KINGLSEY IND-70121-25/002 IND-70121-25/007
ANTHONY FARINA IND-70121-25/003 IND-70121-25/008
CHRISTOPHER WALRATH IND-70121-25/004 IND-70121-25/009
MATHEW GALLIHER IND-70121-25/005 IND-70121-25/010

MICHAEL MASHAW
MICHAEL FISHER
DAVID WALTERS
NICHOLAS GENTILE,
Defendants.

THE GRAND JURY OF THE COUNTY OF ONEIDA by this indictment accuses

NICHOLAS ANZALONE, DAVID KINGLSEY, ANTHONY FARINA, CHRISTOPHER

WALRATH, MATHEW GALLIHER and

of the felony crime of MURDER IN THE SECOND DEGREE (CRIMINAL LIABILITY FOR
CONDUCT OF ANOTHER)

in violation of Section 125.25(2)/20.00

of the Penal Law of the State of New York

committed as follows:

That on or about the 9th day of December of 2024, in the Town of Marcy, in this county,
the defendants, acting in concert with each other and fellow Corrections Officers, and under
circumstances evincing a depraved indffference to human life, recklessly engaged in conduct
which created a grave risk of death to another person, and thereby caused the death of Robert
Brooks, to wit: Robert Brooks was an incarcerated individual at the Mohawk Correctional
Facility and on the evening of Monday, December 9, 2024, he was transferred to the Marcy
Correctional Facility in Marcy, New York Following arrival at Marcy, standard protocol is to
take Mr. Brooks to the Infirmary for a medical exam. While being transported, and having been
restrained, Mr. Brooks was assaulted on two occasions by defendants Nicholas Anzalone and co-
defendants Christopher Walrath and . Upon arrival in the Emergency Room of
the Infirmary, Mr. Brooks was, at various times, restrained, beaten, choked, gagged, forcibly
moved and kicked, all with minimal resistance on the part of Mr. Brooks and with no legitimate
law enforcement purpose. These beatings and other assaults were perpetrated by defendants,
while acting in concert with each other. In addition to the beatings, defendants with depraved
indifference, did nothing to restrain each other, did nothing to stop the beatings and failed to
immediately order medical assistance for Mr. Brooks. As a result of the beatings, Mr. Brooks
suffered irifuries to his head, neck, hyoid bone, thyroid cartilage, torso, liver, spleen and testicles
as well as having his air passages restricted and choking on his own blood, thereby resulting in
his death.

SECOND COUNT

AND THE AFORESAID GRAND JURY by this Indictment further accuses NICHOLAS
ANZALONE, DAVID KINGLSEY, ANTHONY FARINA, CHRISTOPHER WALRATH, MATHEW
GALLIHER and of the felony crime ofMANSLAUGHTER IN THE
FIRST DEGREE (CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER) in violation of
§125.20(1)/20.00 of the Penal Law of the State of New York committed as follows:
 That on or about the 9th day of December of 2024, in the Town of Marcy, in this county,
the defendants, acting in concert with each other and Corrections Officers, intending to cause
serious physical injury to another person, caused the death of such person, to wit: defendants
participated in the multiple beatings of incarcerated individual Robert Brooks which resulted in
his death.

THIRD COUNT

AND THE AFORESAID GRAND JURY by this Indictment further accuses MATHEW
GALLIHER and of the violent felony crime of GANG ASSAULT IN THE
SECOND DEGREE (CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER) in violation
of §120.06/20.00 of the Penal Law of the State of New York committed as follows:

That on or about the 9th day of December of 2024, in the Town of Marcy, in this county,
the defendants, intending to cause physical injury to another person and aided by two or more
other persons actually present, caused serious physical injury to such person, to wit: intending
to cause physical injury to incarcerated individual Robert Brooks, and acting in concert with
and aided by co-defendants Nicholas Anzalone, David Kinglsey, Anthony Farina and
Christopher Walrath, who were actually present, defendants Mathew Galliher and -
- caused serious physical injury to Robert Brooks.

FOURTH COUNT

AND THE AFORESAID GRAND JURY by this Indictment further accuses MICHAEL
MASHAW of the felony crime of MANSLAUGHTER IN THE SECOND DEGREE
(CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER) in violation of §125.15(1)/20.00
of the Penal Law of the State of New York committed as follows:

That on or about the 9th day of December of 2024, in the Town of Marcy, in this county,
the defendant recklessly caused the death of Robert Brooks, to wit: defendant, for a significant
period of time during the beating of Robert Brooks, was the ranking Corrections Officer in the
Infirmary Emergency Room. Being aware of the risk that the beating by other Corrections
Officers could result in the death of Robert Brooks, and having a duty to intervene, defendant did
not order the beatings to cease and delayed ordering timely medical assistance for the deceased,
Robert Brooks, until it was too late to save him.

FIFTH COUNT

AND THE AFORESAID GRAND JURY by this Indictment further accuses MICHAEL
FISHER of the felony crime of MANSLAUGHTER IN THE SECOND DEGREE (CRIMINAL
LIABILITY FOR CONDUCT OF ANOTHER) in violation o/§125.15(1)/20.00 of the Penal
Law of the State of New York committed as follows:

That on or about the 9th day of December of 2024, in the Town of Marcy, in this county,
the defendant, recklessly caused the death of Robert Brooks, to wit: defendant was present in the
Infirmary Emergency Room and the Emergency Room doorway during significant periods of
time during the beating of Robert Brooks, and defendant had a clear line of sight to see and hear
the beating. Being aware of the risk that the beating by other Corrections Officers could result
in the death of Robert Brooks, and having a duty to intervene, defendant did not in any way
attempt to stop the beating and did not in any way attempt to shield Robert Brooks from the
onslaught.

SIXTH COUNT

AND THE AFORESAID GRAND JURY by this Indictment further accuses DAVID
WALTERS of the felony crime of MANSLAUGHTER IN THE SECOND DEGREE
(CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER) in violation of §125.15(1)/20.00
of the Penal Law of the State of New York committed as follows:

That on or about the 9th day of December of 2024, in the Town of Marcy, in this county,
the defendant, recklessly caused the death of Robert Brooks, to wit: defendant was present in the
Infirmary and in the Emergency Room and had a clear opportunity to witness the beating of
Robert Brooks and was aware of the risk that the beating by other Corrections Officers could
result in the death of Robert Brooks. Having a duty to intervene, defendant did not in any way
attempt to stop the beating and did not in any way attempt to shield Robert Brooks from the
onslaught. In addition, while an Infirmary nurse attempted to enter the Emergency Room to
attend to Mr. Brooks the defendant verbally instructed the nurse not to enter the Emergency
Room.

SEVENTH COUNT

AND THE AFORESAID GRAND JURY by this Indictment further accuses NICHOLAS
ANZALONE and of the felony crime of OFFERING A FALSE
INSTRUMENT FOR FILING IN THE FIRST DEGREE in violation of §175.35(1) of the
Penal Law of the State of New York committed as follows:

That on or about the 9th day of December of 2024, in the Town of Marcy, in this county,
the defendants, knowing that a written instrument contains a false statement or false information,
and with intent to defraud the state or any political subdivision or public authority, he offers or
presents it to a public office, public servant or public authority with the knowledge or belief that
it would be filed with, registered or recorded in or otherwise become a part of the records of
such public office, public servant or public authority, to wit: both defendants participated in the
beating death of Robert Brooks at the Marcy Correctional Facility. When use of force against
an incarcerated individual is used, Corrections Officers are required by Department of
Corrections and Community Supervision (DOCCS) rules and regulations to fill out FORM
2104A detailing the circumstances surrounding the use offorce. Both defendants in their Use of
Force Reports falsely stated that prior to entering the Emergency Room of the Infirmary, all
force ceased being used against Robert Brooks. This was a demonstrably false statement made
before the defendants were aware that their actions were being recorded and with the intent to
thwart any DOCCS investigation into the beating of Robert Brooks and with the intent of falsely
minimizing their own misconduct.

EIGHTH COUNT

AND THE AFORESAID GRAND JURY by this Indictment farther accuses NICHOLAS
GENTILE of the felony crime of TAMPERING WITH PHYSICAL EVIDENCE in violation of
§215.40(2) of the Penal Law of the State ofNew York committed as follows:

That on or about the 9th day of December of 2024, in the Town of Marcy, in this county,
the defendant, Nicholas Gentile, believing that certain physical evidence was about to be
produced or used in an official proceeding or a prospective official proceeding, and intending to
prevent such production or use, suppressed it by an act of concealment, alteration or
destruction. To wit: knowing an assault had taken place on incarcerated individual Robert
Brooks, and aware that such assault was likely an unauthorized use of force by his fellow
Corrections Officers, defendant cleaned the area of Robert Brooks' blood stains in an effort to
conceal the existence of said assault.

William J. Fitzpatrick
DISTRICT ATTORNEY
as SPEC/AL PROSECUTOR