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Published on March 13, 2025
New York OSI Clears Officers in Fatal Shooting of Brandon Zurkan with No Charges to Be Filed, Report FindsSource: Google Street View

The tragic death of Brandon Zurkan following his encounter with law enforcement has been weighed and judged by the Office of Special Investigation (OSI) under the wing of New York Attorney General Letitia James, leading to a decision grounded in the cold calculus of the law rather than in the throes of public sentiment, as a report detailing the OSI's findings was released yesterday. According to the official press release, after examining the evidence, which included footage from both body-worn and witness-recorded videos, alongside interviewing officers and civilians, the OSI has determined that no charges are warranted against the officers who fatally shot Mr. Zurkan on February 28, 2023.

The fateful night unfolded after officers from the Ontario County Sheriff's Office (OCSO) and City of Canandaigua Police Department (CPD) responded to a 911 call about a car driving erratically on Route 5 & 20, and the situation escalated after the car, steered by Zurkan, collided with a fence in Canandaigua and he emerged brandishing a gun; despite the tension and perhaps the inherent cry of the moment where destinies hung by a filament as thin as the mist, the OSI highlights in its report that Zurkan did not heed multiple instructions to release the weapon and instead, lifted the it in the direction of law enforcement, prompting the officers to discharge their service weapons in what they deemed a necessary act of self-defense.

In the intricate dance between law and consequence, the OSI concluded that "a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ actions were justified under New York law," considering Zurkan's noncompliance and the apparent threat posed when he raised his gun towards the officers; this decision brings to close a chapter of anguish and procedural necessity, casting a solemn tone over the intricate fabric of our communal understandings of justice and safety.