A former Marcy Correctional Facility officer convicted of second-degree manslaughter in the death of Robert Brooks was released from prison on Wednesday on bail while his appeal moves forward.
David Walters, 36, was granted a stay of his sentence by a state Supreme Court judge in Jefferson County, with bail set at $50,000 cash or $100,000 bond. He was released from Elmira Correctional Facility, and his attorney has 120 days to submit a brief as part of the appeal process.
Walters had admitted to witnessing Brooks being beaten and failing to intervene or protect him, including instructing a nurse not to enter the room to provide assistance. Last month, he was sentenced to 2 1/3 to 7 years in prison. Walters’ prior attempt to withdraw his guilty plea in Oneida County Court was denied.
The special prosecutor overseeing the case expressed frustration over the release, questioning how a lower court decision could contradict a higher court ruling, and indicated steps are being considered to challenge it. Walters’ attorney said he was overjoyed to be home with his family for the holidays.
The release comes as the one-year anniversary of Brooks’ death is observed.