Attorney General probes Orange County police encounter that led to driver’s death

Orange County still does not have a full public accounting of the final minutes that ended with Marcus Burks dead in a Newburgh hospital after a late-night police encounter on State Route 17K.

The New York Attorney General’s Office of Special Investigations opened a full probe on April 17 into the death of Burks, who died on January 1 after an encounter with members of the New York State Police and the City of Newburgh Police Department in Newburgh. The office said it first conducted a preliminary assessment before deciding to open the broader investigation.

According to the attorney general’s account, a New York State Police trooper tried to pull Burks over at 10:32 p.m. on January 1 for a nonworking headlight. Burks allegedly did not stop and drove away at a high rate of speed. Soon after, officers found a crash scene involving Burks’ car and another vehicle.

What happened next is at the center of the state review. Police attempted to restrain Burks after he got out of the car, and officers used pepper spray and at least one Taser. Burks later became unresponsive and was pronounced dead at a local hospital.

Letitia James’ office said the case falls under the authority of the Office of Special Investigation, which examines deaths anywhere in New York that may have been caused by police officers or peace officers. Under Section 70-b of the state Executive Law, the office gained its current authority on April 1, 2021, and it says it handles more than 200 investigations each year.

The agency’s role matters because it is designed to provide an outside review when a death follows police contact, including cases in which criminal charges may not be brought. If investigators determine an officer caused a death but cannot prove a crime beyond a reasonable doubt, the office can publish a report laying out its findings.

For Orange County residents, the central questions remain straightforward: how the encounter moved from a traffic stop to a crash scene, why force was used after Burks got out of the vehicle, and whether the conduct of the New York State Police and the City of Newburgh Police Department met state standards. The investigation now puts local policing in Newburgh under a formal state microscope.