Newburgh officials say they are not commenting on newly released body‑camera video showing the final moments of a man who went unconscious while police restrained him.

The video, obtained by an attorney for the family of 38‑year‑old Marcus Burks, shows Burks saying he could not breathe as officers held him face‑down.

Burks had been planning a move out of state for a job transfer before the events of Jan. 1, according to family representatives. An attorney for the family said Burks did not stop when state police attempted a traffic stop, then crashed into a pole on Broadway at high speed.

Newburgh police responded, used pepper spray and restrained Burks on the ground. He said “I can’t breathe” multiple times before losing consciousness. He was pronounced dead at the hospital.

Activist Brian Powell viewed the video at City Hall and demanded accountability. “This community should and will stand up for something that is unjust,” Powell said.

Police‑policy expert Dr. Tyron Pope reviewed the video and said officers must transition quickly from restraint to medical care. “The job then shifts from that control to care,” Pope said. “The trigger warning sign was ‘I can’t breathe.’”

Pope said public officials can still address community concerns without influencing the investigation. “We have to treat these matters with not just urgency but sensitivity as well,” he said.

The New York State Attorney General’s Office is investigating. Officials said they are awaiting more information, including a full autopsy report.