AG’s office clears officers who shot, killed man in Park Avenue neighborhood

The officers who shot and killed a 35-year-old man after chasing him through the Park Avenue neighborhood in Rochester last March have been cleared.

The Office of the New York State Attorney General released its report Friday on what led up to the fatal shooting of Brendon Burns – and how it was handled. It found prosecutors would not be able to disprove that the Rochester Police officers and Monroe County Sheriff’s deputies who shot Burns were justified.

The AG’s office investigates every shooting involving police. Investigators reviewed body-worn camera video and video from two home security cameras, police radio transmissions, and witness reports from the shooting, which happened on March 20, 2023.

They say Burns, who was under investigation for his involvement in two prior shootings, assembled a shotgun and then pointed it at multiple officers after refusing commands to drop the weapon.

In a video compilation released by law enforcement, Burns can be seen running away from one officer after flashing a knife, then crossing the street, and continuing to run even as more officers showed up. He then ran through the parking lot of School 23 before collecting a bag out of a car, running behind a home, and attempting to assemble a shotgun.

Throughout the whole situation, he ignored more than one dozen commands to stop and put down the knife.

In the backyard of a home at the corner of Barrington and Milburn streets, he was shot and killed when he ignored their commands and raised the gun.

Brendon Burns’ family has previously said he suffered from mental health issues. According to the AG’s report, his mother told deputies at the scene that he had not been properly taking his medications.