29-04-2025
‘Wasteful manner': Frustrated judge allows two more weeks for Marcy offers to decide on plea agreements
UTICA, N.Y. (WSYR-TV) — Five correction officers charged for their involvement in the deadly beating of an inmate at the Marcy Correctional Facility have been given two more weeks to decide whether they will plead guilty now, or go to a trial.
The judge had ordered each of them to come prepared to make a decision, but each defendant's attorney had a reason to ask for more time.
In some cases, the hesitation was blamed on the defense teams' complaints about not being able to access all of the evidence shared by the prosecution electronically, calling out blank pages within digital documents and issues playing video clips.
Even though he approved the request for more time, Oneida County Judge Robert Bauer wasn't happy about the delay.
The judge told one attorney: 'The CPL (criminal procedure law) does contemplate that's exactly your obligation. If you encountered some difficulty in obtaining or viewing discovery, your first step should be to reach out to the prosecution and not allow some two months to elapse and appear in court in what is working out to be a rather wasteful manner.'
Other defendants asked for more time because the special prosecutor, the Onondaga County District Attorney's Office, shared new evidence that they feel could alter their decision whether or not to accept the plea offer.
Each defendant has been offered a chance to plead guilty to applicable charges by the special prosecutor, the Onondaga County District Attorney's Office. Typically, a plea agreement comes with less prison time than the sentence imposed if the defendant goes to trial and is convicted by a jury.
The details of each plea agreement are confidential.
Anthony Farina (top charge: murder)
Matthew Galliher (top charge: murder)
Nicolas Gentile (top charge: tampering with evidence)
Nicholas Kieffer (top charge: murder)
David Kingsley (top charge: murder)
Five more officers are expected to come to court with the same determination, whether to accept the plea offer, tomorrow, April 30.
Nicholas Anzalone (top charge: murder)
Christopher Walrath (top charge: murder)
Michael Mashaw (top charge: manslaughter)
Michael Fisher (top charge: manslaughter)
David Walters (top charge: manslaughter)
The group, with different levels of involvement, is accused of the brutal beating of Robert Brooks in December.
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