PROSECUTION WITNESS IN ROBERT BROOKS MURDER CASE SAYS PRISON GUARD BEAT HIM IN RETALIATION
MICHAEL PEACOCK SAYS HE WAS BEATEN AND SENT TO SOLITARY CONFINEMENT IN ATTICA FOR TESTIFYING AGAINST GUARDS WHO KILLED BROOKS. PRISON OFFICIALS REFUSED TO ALLOW REPORTER TO VISIT HIM
The entrance to the Attica Correctional Facility on Dec. 5, 2025. Photo credit: JB Nicholas.
Attica, New York Dec. 6, 2025 Last updated 11:54pm
A prosecution witness in the Robert Brooks murder case tells The Free Lance he was assaulted and sent to solitary confinement in a notorious maximum-security prison in retaliation for his testimony against prison guards accused of the killing.
Michael Peacock says he was "assaulted by an officer." That he was "slammed to the floor face first,” resulting in "teeth broken bones broken which are still broken."
Peacock also says he was "wrongfully sent to SHU [Special Housing Unit] 110 days" pursuant to a "false ticket for assault on staff."
The bogus charge, he said, caused him to be transferred to New York's maximum-security Attica Correctional Facility and "locked in 23 24 hours a day Albany mandated for my protection from further retaliation from staff."
The Free Lance attempted to visit Peacock on Saturday, his designated visiting day at Attica. But prison officials made this reporter wait four hours before Sgt. Donald L. Baker II ordered him to leave prison grounds.
"You're not getting to visit him," Sgt. Baker said.
When asked for written documentation of a reason for denial of the visit, Sgt. Baker refused to provide it. He also threatened to summon State Police and have this reporter arrested for trespassing if he didn't leave Attica immediately.
In 1971, prison guards and police shot to death 29 prisoners and 11 guards held as hostages at Attica, after the prisoners revolted over inhumane treatment and living conditions, took several guards and civilian prison employees captive, and issued demands for prison reform.
Gov. Nelson Rockefeller ordered the retaking of the prison by force, firing an indiscriminate 4,500-round fusillade into the yard, killing hostages and prisoners alike. After they regained control, guards and police tortured some survivors, and summarily executed others.
This reporter, JB Nicholas, in front of the Attica Correctional Facility. Photo credit: JB Nicholas.
Peacock testified during the trial of three guards accused of murder, manslaughter and gang assault for killing Brooks at the Marcy Correctional Facility on Dec. 9, 2024. Bodycam video unintentionally captured the killing. Only David J. Kingsley III was convicted of murder. Mathew Galliher and Nicholas Kieffer were acquitted, notwithstanding the damning visual evidence.
Peacock's blockbuster testimony revealed that before Brooks was transferred to Marcy on Dec. 9, he was assaulted by prisoners at the nearby Mohawk Correctional Facility at the orders of a guard known as "Mrs. A."
Brooks' "offense," Peacock said, was getting sick and throwing up in his living space in a communal dormitory and failing to clean it up fast enough—twice.
Mrs. A, Peacock said, talked to the leader of a gang who controlled the dorm and asked him to deal with Brooks. Peacock named the gang leader as Swift. Swift beat Brooks with two other prisoners, Sparks and Stacks.
That night, Dec. 7-8, Brooks didn't sleep. He spent the entire night sitting on top of a locker in his cube. That morning he threw up again.
Referring to what Mrs. A had told the gang, Peacock testified "She didn't have to direct them what to do" the second time. "The guys already know what to do—if he threw up again."
The gang trapped Brooks in his cube.
"Didn't Mrs. A tell you not to throw up again,” Swift told Brooks, Peacock said.
This time, Swift hit him with a lock in a sock while Sparks and Stacks punched him. Brooks escaped by crawling toward the day room and yelling for help.
"Help me!, please help me!," Brooks screamed, according to Peacock.
Mrs. A re-entered the dorm and Brooks was taken to the infirmary.
The Free Lance reached out to the special prosecutor in the Brooks case, Onondaga County District Attorney William F. Fitzpatrick, but he did not reply.
The Free Lance also invited the state agency that runs New York's prisons, the Department of Corrections and Community Supervision, to comment, but they did not reply.
2 1/2 months after Brooks was killed at Marcy, another beat-up squad of guards at the Mid-State Correctional Facility—across the road from Marcy—allegedly murdered Messiah Nantwi, 22.
Nantwi's alleged killers, like Brooks', have been charged with murder, manslaughter and related crimes by Fitzpatrick, who was likewise appointed special prosecutor in that case. The trial of Nantwi's alleged killers is scheduled for March.
In addition to Kingsley, Kieffer and Galliher, Anthony Farina, Nicholas Anzalone, Sgt. Michael Mashaw and David Walters pleaded guilty to manslaughter for killing Brooks. Farina and Anzalone were sentenced to 22 years in prison each. Mashaw was sentenced to 3-to-9 years and Walters was sentenced to 2 1/3-to-7 years.
Christopher Walrath, another Marcy guard, also pleaded guilty to manslaughter for taking part in Brooks' killing. Walrath was sentenced to 15 years in state prison Aug. 4.
Walrath started the round of beatings that killed Brooks, according to testimony at the trial of three other guards accused of killing Brooks.
Sgt. Glenn Trombly and another guard, Robert Kessler, pleaded guilty and testified for the prosecution at that trial.
Fitzpatrick, the special prosecutor, allowed Trombly to plead guilty to attempted gang assault in exchange for a promised sentence of 4 years in prison. Fitzpatrick allowed Kessler to plead guilty to gang assault, with a promised sentence of 7 years in prison.
Another guard whose name is not known with certainty agreed to help prosecutors and pleaded guilty to unknown charges in exchange for specific sentences also not known at this time. Fitzpatrick said he would disclose the charges and the sentences in the future.
Yet another guard, Nicholas Gentile, was charged with evidence tampering. He pleaded guilty to a misdemeanor charge of attempted evidence tampering and was sentenced to one year conditional discharge and a $250 fine, the Rome Sentinel reported.
That leaves guard Michael Fisher, who was also present when Brooks was murdered and failed to stop it, body camera video showed. He is scheduled to go on trial in January 2026.
Peacock was expected to testify at that trial. It is not known whether that's still true after state officials failed to protect him from retaliation for his testimony.
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