Newburgh officials advised to stay silent about death of man who shouted 'I can't breathe' while restrained by city police
"I can't speak at all," Newburgh Mayor Torrance Harvey said, "because it's under investigation by the New York State Attorney General's office."
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Elected officials in Newburgh said Wednesday that city administrators advised them not to speak publicly about an incident during which a man went unconscious as several Newburgh police officers restrained him.
"I can't speak at all," Mayor Torrance Harvey said, "because it's under investigation by the New York State Attorney General's office."
Marcus Burks, 38, died after the encounter.
"My thoughts and prayers are with the Burks family," Councilman Robert McLymore said via text message. "At this time, the incident remains under investigation by the New York State Police and the New York State Attorney General's office."
Family members say Burks had big plans. He was about to move down south for a job transfer and was looking into properties with his father, Malcolm Burks.
That move never happened because of the events of the evening of Jan. 1, 2026.
Burks' family's attorney, Michael Sussman, said it appeared Marcus Burks did not stop when state police tried to pull him over on Route 17K for a traffic offense, kicking off a pursuit that police said was called off for safety reasons.
Marcus Burks drove into Newburgh, hitting a car and then hitting a pole at a high rate of speed, flipping his Volkswagen, according to officials. Newburgh police responded.
According to video Sussman obtained through a public records request after weeks of delays, officers pepper-sprayed Marcus Burks and restrained him face-down with pressure on his back.
He could be heard saying "I can't breathe" five times in 25 seconds. Then he went unconscious. He was pronounced dead at the hospital.
After News 12 showed him the video, activist Brian Powell went straight to City Hall to try to talk to an administrator, but did not have any luck.
"This community should and will stand against something that is unjust," Powell said. "When you're dealing with the police and the city, bureaucracy is everywhere."
Police policy expert Dr. Tyron Pope said the police officers seemed, at first, to be properly restraining Marcus Burks after the crash.
He said it is up to the New York State Attorney General's office, which is looking into the death, to figure out if the officers switched quickly enough from restraint to first aid.
"Once someone expresses stress, it's a medical priority," Pope said. "The job then shifts from control to care. The trigger warning sign was 'I can't breathe.'"
Pope also said public officials can address their community without influencing an investigation or assessment phase.
"We don't want to go too far, or stretch too far," he said, "because we have to treat these matters with not just urgency but sensitivity as well."
Both experts and officials have told News 12 that to speak in any more detail about Marcus Burks' death, they need more information.
One important piece of information is the full autopsy report, which has not yet been released.
