Two correctional officers charged in the death of Robert Brooks at Marcy Correctional Facility argued for their cases to be dismissed in Oneida County Court Tuesday morning. 

Matthew Galliher, Nicholas Kieffer and David Kingsley face charges stemming from a Dec. 9 incident at Marcy that was caught on body-worn cameras and triggered widespread outrage. Footage released by the New York attorney general’s office shows correctional officers hitting Brooks while he was restrained. He died the next day at a hospital in Utica.

An attorney for Galliher on Tuesday said he never struck Brooks, nor was he present for much of the beating, therefore charges should be dismissed. He also argued there was no basis for Galliher being charged with failure to intervene. 

Galliher last month rejected a plea offer that would reduced a second-degree murder charge to second-degree gang assault for 12 years in prison and five years post-release supervision. 

Kieffer and Kingsley had also declined plea offers on second-degree murder charges. 

Kieffer's lawyer on Tuesday told the court there was not sufficent evidence to support the charges his client faces. He stated that while Kieffer did strike Brooks in the thigh with his knee and pepper-sprayed him, it did not cause serious injuries.

Kingsley's attorney asked that he be separated from his co-defendants, stating that co-defendants are trying to place blame on others involved and pointing fingers at COs in the infirmary. He says this is prejudicial. 

Judge Michael Bauer on Tuesday granted suppression hearings starting in mid-July.

The three COs face 25 years to life in prison if convicted at trial.