Attorney General’s Office Releases Findings on Officer-Involved Shooting of Brandon Zurkan
The New York State Attorney General’s Office of Special Investigation (OSI) has released its report on the death of Brandon Zurkan, who was fatally shot by law enforcement officers in Canandaigua on March 1, 2023. The report concluded that prosecutors would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified under New York law.
According to the report, the incident began late on February 28, 2023, when the Ontario County Sheriff’s Office (OCSO) and Canandaigua Police Department (CPD) 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 vehicle.
An Ontario County sheriff’s deputy pursued the vehicle, which crashed into a fence near 493 South Main Street in Canandaigua. Zurkan, the driver, exited the car holding a firearm. Officers from both agencies reportedly gave multiple commands over several minutes instructing him to drop the weapon. According to the report, Zurkan did not comply and eventually raised the gun in the officers’ direction, prompting them to open fire. He was taken to a local hospital, where he died shortly after midnight on March 1, 2023. A firearm was recovered at the scene.
Under New York law, police officers may use deadly force if they reasonably believe it is necessary to protect themselves or others from deadly physical force. After reviewing body-worn camera footage, witness video, and conducting legal analysis, OSI determined that the evidence did not support criminal charges against the officers involved.
In a joint statement, Ontario County Sheriff David J. Cirencione and Canandaigua Police Chief Matthew Nielsen called the incident tragic and emphasized that officers acted in accordance with their training. They expressed gratitude for law enforcement personnel who serve the community.
The Attorney General’s Office has closed its investigation into the incident.