The New York State Attorney General’s Office released police body-camera footage on Wednesday from the night a Newburgh man died after being pepper-sprayed, tased and restrained by police.
State and local police body-camera video from New Year’s Day at around 10:30 p.m. shows a state trooper arriving at a car crash, with Marcus Burks crawling from an overturned, smoking vehicle.
The officer commands Burks to exit the vehicle, saying at one point they will tase him. Burks can be heard multiple times telling the officer that he believes his leg is broken, but he is able to slowly exit the vehicle. He gets to his knees before the officer attempts to help lift him to his feet, saying they need to move because the car is smoking. Burks eventually gets to his feet on his own but struggles to keep his footing in snow outside the vehicle.
The officer tells Burks multiple times to relax as Burks paces on the sidewalk beside the car. He appears to be in a daze.
The officer then tries to arrest Burks, but he pulls away to put on his shoe and asks, “Who are you?”
The officer then commands Burks to put his hands behind his back, but he questions why they are being "so aggressive." The officer then repeats their command.
Burks pulls away but never attempts to leave the scene.
He does resist putting his hands behind his back while on his stomach as multiple officers arrive and hold him on the ground. One Newburgh officer places a knee on Burks’ head as others pepper spray and tase him. Burks repeatedly cries, “I can’t breathe.”
Within a minute, Burks stops moving. He was later pronounced dead at Montefiore St. Luke’s Cornwall Hospital, and the Orange County Medical Examiner declared the death a homicide.
Attorney General Letitia James is investigating the fatal police encounter in accordance with state law. The Newburgh City Council is also conducting its own investigation.
At a rally Sunday calling for police accountability, Malcolm Burks said his son’s absence still hangs over him.
“It's like tough," he said, "because you know you expect them to walk in the house or to ring the bell or call you on the phone, you know, because we probably talk almost every day, the week.”
