AG report: No charges for Rochester police, Monroe County deputies who killed Brendon Burns

The New York Attorney General’s Office will not pursue criminal charges against police who fatally shot Brendon Burns earlier this year.

Burns, 35, was killed March 20 after a half-mile foot chase through Rochester’s Park Avenue neighborhood.

Deputies and officers from the Monroe County Sheriff’s Office and the Rochester Police Department were investigating Burns’ suspected involvement in two shootings when he took off from his Milburn Street home, according to an investigation by the AG’s office.

Police shot a fleeing Burns once in the back after he flashed a weapon at them, the report said.

Near the end of the chase, the man assembled a shotgun and pointed it at police in a backyard on Barrington Street.

Four deputies and officers fired multiple rounds, striking Burns at least 10 times and killing him.

Warning - Graphic Content: Body cam footage released of fatal shooting of Brendon Burns by police

New York use of deadly force

In its decision not to pursue criminal charges, the AG’s office cited New York’s justification law, which permits the use of deadly physical force to “defend against the imminent use of deadly physical force by another person.”

“Under these circumstances, based on the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt that the officers who fired were justified,” the decision said.

Attorney Nate McMurray said the family is pursuing a civil lawsuit to push for policing changes in Rochester.

“In America, running away isn’t a death sentence ― or at least it shouldn’t be,” he said.

According to the report, Burns’ mother told one of the deputies near the end of the confrontation that her son had mental health issues and was not taking his prescribed medication.

“It was like they were going after a serial killer," Burns' brother Mark Hebert said Friday. "It was my little brother who was scared and running. I just wish they would’ve done one of a million different things they could’ve done to not have me lose my little brother.”

Brendon Burns killed by RPD, MCSO on Barrington Street

According to the report, police had linked Burns to a drive-by shooting into a smoke shop on Monroe Avenue on March 17.

While investigating that shooting, police received a report of shots fired out of a moving car in Brighton on the morning of March 20. A car belonging to Burns’ mother and registered to their Milburn Street home matched the description of the vehicle used in the shooting.

The Monroe County Sheriff’s Office set up a surveillance detail at the home around 11:45 a.m., the report said.

Burns arrived home around 12:45 p.m. and started to walk down Vassar Street, where officers attempted to confront him.

According to the report, Burns pulled a hunting knife from his waistband as he fled ― but officers believed the weapon was a handgun.

MCSO Deputy Clayton Hillegeer fired two shots toward Burns, striking him once in the back.

Deputy Alexandra Baker unsuccessfully attempted to cut Burns off with her unmarked police vehicle, and then fired two shots in his direction.

Burns continued through the neighborhood, at one point stopping to retrieve a backpack from his mother’s car parked in front of the family’s home.

Body-worn camera footage collected as part of the investigation shows Burns stopping in a backyard on Barrington Street to assemble a shotgun from the bag, and pointing it at police.

MCSO Sgt. Christian DeVinney, Deputy Baker, RPD officer William Baker and RPD Sgt. Kevin Leckinger each fired several rounds, killing Burns. A shotgun, a box of ammunition and a knife were recovered near his body, the report said.

Rochester’s Police Accountability Board has not released any information around its own investigation into the incident.

Kayla Canne reports on community justice and safety efforts for the Democrat and Chronicle. Get in touch at kcanne@gannett.com or on Twitter @kaylacanne.

This article originally appeared on Rochester Democrat and Chronicle: AG's declines charges in fatal police shooting of Brendon Burns