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NY Attorney General: Police justified in deadly shooting of Brendon Burns

todayDecember 29, 2023 2

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ROCHESTER, N.Y. (WROC) – The New York Attorney General’s Office has concluded its investigation into the deadly March shooting of Brendon Burns.

The AG’s Office determined no criminal charges will be filed against Rochester Police nor Monroe County Sheriff’s Deputies, after Burns was shot several times behind a home on Barrington Street. The investigation concluded that Burns, who was 35 at the time, “assembled a shotgun and then pointed it at multiple officers after refusing commands to drop the weapon”.

The incident started on March 20 when MCSO, RPD, and Brighton Police were conducting surveillance as part of a criminal investigation near his Milburn Street home. Burns was confronted by an officer, before running away while reaching toward his waistband, according the report. A Brighton PD officer fired two shots at Burns, but he kept running.

As the chase continued, a second officer fired twice at Burns. He fell, but kept running before eventually grabbing a backpack out of a car and running into the backyard of a nearby home.

Body cam footage shows burns digging through the backpack while officers yelled for him to stop. The AG report said Burns began assembling a shotgun and aimed it an officers who then fired. Burns was handcuffed and later died at the scene.

The Attorney General report said under New York’s Justification Law, a person may use deadly physical force to defend against the imminent use of deadly physical force by another person.

An attorney for Burns’ family had previously said the family intends to file a lawsuit.

​ ROCHESTER, N.Y. (WROC) – The New York Attorney General’s Office has concluded its investigation into the deadly March shooting of Brendon Burns.

The AG’s Office determined no criminal charges will be filed against Rochester Police nor Monroe County Sheriff’s Deputies, after Burns was shot several times behind a home on Barrington Street. The investigation concluded that Burns, who was 35 at the time, “assembled a shotgun and then pointed it at multiple officers after refusing commands to drop the weapon”.

The incident started on March 20 when MCSO, RPD, and Brighton Police were conducting surveillance as part of a criminal investigation near his Milburn Street home. Burns was confronted by an officer, before running away while reaching toward his waistband, according the report. A Brighton PD officer fired two shots at Burns, but he kept running.

As the chase continued, a second officer fired twice at Burns. He fell, but kept running before eventually grabbing a backpack out of a car and running into the backyard of a nearby home.

Body cam footage shows burns digging through the backpack while officers yelled for him to stop. The AG report said Burns began assembling a shotgun and aimed it an officers who then fired. Burns was handcuffed and later died at the scene.

The Attorney General report said under New York’s Justification Law, a person may use deadly physical force to defend against the imminent use of deadly physical force by another person.

An attorney for Burns’ family had previously said the family intends to file a lawsuit. Read More NewsRochesterFirst  

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