The New York Attorney General’s Office of Special Investigation has determined that no criminal charges will be filed in the fatal police shooting of Brandon Zurkan, who was killed following an armed confrontation with officers in Ontario County last year.
In a report released Wednesday, OSI concluded that prosecutors would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified under state law. The investigation included a review of body-worn camera and witness cell phone footage, officer and civilian witness interviews, and legal analysis.
The incident began late on Feb. 28, 2023, when Ontario County Sheriff’s Office (OCSO) deputies and Canandaigua Police Department (CPD) officers responded to a 911 call about a vehicle driving erratically on Route 5 & 20. The caller also reported hearing what sounded like gunshots or fireworks coming from the car.
An OCSO deputy pursued the vehicle to a parking lot on South Main Street in Canandaigua, where it crashed into a fence. Zurkan, the driver, exited the car holding a gun. Officers repeatedly instructed him to drop the weapon for several minutes, according to the report. When he raised the firearm in their direction, officers fired, striking him. Zurkan was taken to a local hospital, where he was pronounced dead shortly after midnight on March 1, 2023. A firearm was recovered at the scene.
New York law allows police officers to use deadly force when they reasonably believe it is necessary to defend themselves or others from imminent danger. OSI determined that, given the circumstances, Zurkan’s failure to comply with commands and his decision to raise his weapon made it unlikely that a prosecutor could disprove the justification for the officers’ actions.
In a joint statement Wednesday, Ontario County Sheriff David Cirencione and Canandaigua Police Chief Matthew Nielsen described the incident as a “tragic event for all involved.” They said officers attempted to engage with Zurkan for nine minutes, offering assistance before using deadly force.
“The actions by our members during this entire incident were professional, compassionate and in line with the ongoing training they receive to protect this community,” the statement read.
Zurkan’s death was among several fatal police encounters investigated by OSI under a state mandate requiring an independent review of incidents involving officers and civilians.
FingerLakes1.com is the region’s leading all-digital news publication. The company was founded in 1998 and has been keeping residents informed for more than two decades. Have a lead? Send it to [email protected].