New York AG Releases Body-Worn Camera Footage in Marcus Burks Death Investigation

NEW YORK – New York Attorney General Letitia James today released body-worn camera footage that her office obtained as part of its ongoing investigation into the death of Marcus Burks, who died on January 1, 2026 following an encounter with members of the New York State Police (NYSP) and the City of Newburgh Police Department (CNPD) in Newburgh, Orange County. At 10:32 p.m. on January 1, a NYSP trooper attempted to pull over Mr. Burks on State Route 17K in Newburgh for a traffic violation. Mr. Burks allegedly failed to stop and continued driving at a high rate of speed until he was involved in a collision with another car. Mr. Burks then got out of his car, and as the trooper attempted to restrain him, a struggle ensued. CNPD officers arrived on the scene and used pepper spray and deployed at least one Taser while attempting to restrain Mr. Burks. Mr. Burks became unresponsive and was taken to a local hospital, where he was pronounced dead. The Office of Special Investigation (OSI) of the Attorney General’s Office released footage from body-worn cameras that captured the incident. The release of this footage follows Attorney General James’ directive that camera footage obtained by her office during an OSI investigation be released to the public to increase transparency and strengthen public trust in these matters. Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident. The release of this footage is not an expression of any opinion as to the guilt or innocence of any party in a criminal matter or any opinion as to how or whether any individual may be charged with a crime. Warning: These videos contain content that viewers may find disturbing.

Footage from body-worn cameras captured the incident, including the struggle during restraint of Marcus Burks and the subsequent use of pepper spray and at least one Taser by officers.