N.Y. releases body-camera footage in Newburgh police death investigation

The release of three body-camera videos in Marcus A. Burks’ death has shifted the Newburgh case from closed-inquest speculation to public scrutiny, but it still leaves key questions unanswered about why officers escalated force, how quickly medical help arrived and what the attorney general’s review will uncover next. Burks, a 39-year-old Newburgh resident, died after a January 1 encounter with New York State Police and City of Newburgh police that began on State Route 17K and ended in a crash, restraint and a hospital pronouncement of death.

State police said the confrontation started at about 10:32 p.m., when a trooper tried to stop Burks for a nonworking headlight or traffic violation. Burks allegedly kept going at high speed, and the pursuit ended after a crash involving his car and another vehicle. From there, the most consequential decisions came during the struggle on the ground. The Office of Special Investigation said officers used pepper spray and at least one Taser while trying to restrain Burks, and he later became unresponsive before being taken to a local hospital.

The Attorney General’s Office said OSI opened a full investigation on April 17 after receiving new information, following an earlier preliminary assessment. Under New York Executive Law Section 70-b, OSI investigates deaths caused by police officers and can release body-camera footage to increase transparency and public trust. In this case, the release covers video from three body-worn cameras, including footage from responding officers and a trooper.

The footage is landing in a case that has already stirred anger in Burks’ family. His father, Malcolm Burks, the track and field coach at Newburgh Free Academy, has publicly called for answers and said he was disturbed that officers kept pressing on his son’s back after Burks said he could not breathe. The family, represented by attorney Michael Sussman, has also pressed for public release of the video and other records, saying the city and police accounts changed over time and that they were not initially told about the encounter.

The Orange County Medical Examiner later ruled Burks’ death a homicide, with the cause listed as cardiopulmonary arrest during law-enforcement subdual. The City of Newburgh said it had deep concern over Burks’ death and extended condolences to his family and others affected. With the footage now public, attention in Orange County is likely to stay fixed on the same unanswered issues: the timeline of the restraint, the use-of-force decisions that preceded it, the medical response that followed and what the state’s investigation will say about how Burks died.