Attorney General James’ Office of Special Investigation Opens Investigation into Civilian Death in Orange County

April 17, 2026

NEW YORK - The New York Attorney General's Office of Special Investigation (OSI) has opened an 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. The OSI was previously conducting a preliminary assessment of the matter but opened an investigation following the receipt of new information.

At 10:32 p.m. on January 1, an NYSP trooper attempted to pull over Mr. Burks on State Route 17K in Newburgh for a nonworking headlight. Mr. Burks allegedly failed to stop and continued driving at a high rate of speed away from the trooper. The trooper followed Mr. Burks and shortly after came upon a crash scene involving Mr. Burks' car and another car.

Mr. Burks then got out of his car and the trooper and other responding officers attempted to restrain him. Officers used pepper spray and 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.

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.

These are preliminary facts and subject to change.