NEWBURGH – The in the City of Newburgh on January 1 of this year has been ruled a homicide. That revelation came from the Burks’ family attorney, Michael Sussman.
He told the city council Monday night that the Orange County Medical Examiner’s Office has issued that ruling following an autopsy.
“A week ago today his death was ruled a homicide due to three factors: restraint, which means police officer or officers were on him as he yelled five times, ‘I can’t breathe, I can’t breathe’; second, the use of pepper spray; third, the use of Taser,” he said.
Newburgh City Police as well as State Police were involved in the incident, said Sussman.
“The video of this incident, especially that taken by the State Police, is more shocking and more disturbing than the video of and put together,” he said.
Marcus Burks’ parents also addressed the city council with his father, Malcolm Burks, saying his son didn’t deserve to die.
“I spent over 20 years in the military. I did didn’t come back to Newburgh to get back and have my son taken away from me, not in this way,” he said in an emotionally charged voice. “I’ve seen death; I’ve been involved in death. What they did to my son, what was done to my son, was not fair. My son didn’t have a weapon, he didn’t resist, he was Tased more than once, pepper-sprayed while he was down in a prone position while officers were on his back. No compassion, no compassion, I will march for Marcus.”
Mr. Burks said he “will March for Marcus” in eight days if no answers are given.
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