Attorney General opens full probe into Marcus Burks' death in Newburgh arrest

The New York Attorney General’s Office has opened a full investigation into the death of Marcus Burks, 39, after a State Police stop on State Route 17K in Newburgh escalated into a crash, a restraint struggle, pepper spray and Taser use, and his death at a local hospital.

The office said it moved from a preliminary assessment to a formal investigation on April 17 after receiving new information, and that the case is proceeding under New York Executive Law Section 70-b. The review now adds another layer of scrutiny to a fatal encounter that already involves New York State Police, the City of Newburgh Police Department and Orange County officials.

According to the Attorney General’s office, the encounter began at 10:32 p.m. on January 1, 2026, when a New York State Police trooper tried to stop Burks for a nonworking headlight. Burks allegedly did not stop and drove away at a high rate of speed. The trooper later came upon a crash scene involving Burks’ car and another vehicle. After Burks got out of the car, officers tried to restrain him and used pepper spray and at least one Taser before he became unresponsive. He was then taken to a local hospital and pronounced dead.

The Orange County Medical Examiner’s Office later ruled Burks’ death a homicide. The cause was listed as cardiopulmonary arrest during law enforcement subdual, including prone restraint and the use of capsaicin spray and a conducted electrical device. The report also said obesity was a contributing factor.

Burks’ family and their attorney, Michael Sussman, have called for the release of all body-camera footage and the police report, saying the city’s account has changed over time. Sussman has said Burks cried out, “I can’t breathe,” and the family has compared the case to the deaths of George Floyd and Eric Garner.

At a Newburgh City Council meeting on April 28, Malcolm Burks urged officials to be truthful and transparent, saying he was not initially told about the police interaction. State Police have declined to comment on the medical examiner’s finding, and the City of Newburgh has not responded to a request for comment. The case has deepened concern in Orange County over pursuit decisions, the use of force after a crash and the standards that govern police restraint when a person is already on the ground.