Police-involved death of Marcus Burks ruled homicide, family and attorney say
Family, attorney cite restraint, pepper spray and taser at Newburgh council meeting; AG investigation ongoing.
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The police-involved death of Marcus Burks, the man seen on body camera video repeatedly saying “I can’t breathe” while being restrained by officers, has been ruled a homicide, according to his family and attorney.
Speaking at a Newburgh City Council meeting Monday night, civil rights attorney Michael Sussman said the Orange County Medical Examiner made that determination following an autopsy.
Sussman said the ruling was based on three factors: prone restraint, the use of pepper spray and the use of a taser. He and the family say Burks said “I can’t breathe” five times within seconds during the encounter.
According to the New York Attorney General's Office of Special Investigation, the incident began around 10:30 p.m. on Jan. 1, when a New York State trooper attempted to pull Burks over on Route 17K for a nonworking headlight. Authorities say Burks did not stop and continued driving at a high rate of speed.
State police say the pursuit was later discontinued. A short time later, Burks crashed on Broadway in the City of Newburgh after striking another vehicle and a pole. After the crash, Burks got out of the vehicle and was met by responding officers from both New York State Police and the City of Newburgh Police Department, according to officials.
Body camera video obtained and released by Sussman, and previously reported by News 12, shows City of Newburgh police officers restraining Burks on the ground as he repeatedly says he cannot breathe.
Authorities said officers used pepper spray and at least one taser while attempting to restrain him. Burks became unresponsive and was taken to Montefiore St. Luke's Cornwall Hospital, where he was later pronounced dead.
At the meeting, family members said they were initially told Burks died as a result of a traffic accident and that city police were not involved.
“Two New York State troopers came to our home to inform us that my bonus son, Marcus Anthony Burks, died as a result of a traffic accident,” said Burks’ stepmother. “City of Newburgh police told us they were not involved at all.”
Burks’ father also addressed council members, saying, “My son’s death was ruled a homicide,” and called for accountability.
“The situation has the potential to blow up into something very ugly and divisive,” Sussman said. “The best way to avoid that is truth-telling and no coverups.”
Civil rights advocates are also raising concerns about the encounter. Brandon Holmes, director of field for the New York Civil Liberties Union, said he is encouraged that the Attorney General’s Office is investigating, but wants to see transparency and accountability.
“Marcus should be alive today,” Holmes said. “Through the use of body-worn cameras, we see how police are often escalators, especially during routine traffic encounters, and should be prioritizing de-escalation to avoid causing more harm.”
Newburgh Mayor Torrance Harvey said during the city council meeting that the case remains under investigation.
“Letitia James’ office is working on it,” Harvey said.
The New York Attorney General’s Office of Special Investigation confirmed it opened a full investigation in April after receiving new information, but would not provide any updated information following the medical examiner's findings.
State police say two troopers involved remain on duty. They declined to comment due to the pending investigation.
News 12 has reached out to the City of Newburgh, but has not received a response.
