Police bodycam video obtained exclusively by News 12 shows Newburgh police officers restraining a man on the ground before he died.

Marcus Burks, 38, could be heard saying "I can't breathe" multiple times.

After weeks of delays in filling their public records requests, Burks' family and their attorney shared the bodycam footage from several angles with News 12 on Tuesday afternoon.

Marcus Burks' father, Newburgh Free Academy track coach Malcolm Burks, said he is upset that police officers kept pressing on Burks' back after he said "I can't breathe" at least three times.

Malcolm Burks said he is also disappointed that police later told the family the department was not deeply involved with what they initially called a fatal crash investigation.

"I asked what happened. They said they couldn't tell me because it was under investigation," Burks said. "I was told City of Newburgh Police was not involved in any way."

The Burks family's attorney, Michael Sussman, said it started with state police pursuing Marcus Burks' Volkswagen at high speeds the evening of Jan. 1 because he would not pull over for a traffic offense.

Marcus Burks eventually crashed into a pole on Broadway.

State police said they stopped pursuing Marcus Burks before the crash, and have not shared any video of the incident. Newburgh police responded to the scene.

They pulled Marcus Burks from his upside-down car and tried to cuff him as he lay face down. Marcus Burks said he could not breathe multiple times as officers were putting weight on his back. Then he went unconscious.

The video shows officers standing up and backing away once it was apparent that Marcus Brucks was not conscious.

He was pronounced dead a short time later at Montefiore St. Luke's Cornwall Hospital in Newburgh.

Sussman said that before seeking justice in civil court, he wants the public to see the videos and push for changes at the police department.

Sussman has pushed for reform at several departments, including the Newburgh Police Department over the last 30 years.

"I hope they see this and understand the level of engagement by their own police agency," Sussman said before going through several points in the videos.

"The use of pepper spray on a man who's on the ground literally doing nothing, the response to the pepper spray by that same man, the priority on handcuffing him, the failure in that period of time to seek any medical attention as he's yelling, 'I can't breathe,' I felt needs public accountability. There needs to be a reckoning," Sussman said.

The Burks family is planning legal action against both Newburgh City police and New York State Police, already having filed notices of claim.

Neither Newburgh police nor Newburgh city administrators responded to requests for comment.

New York State Police referred inquiries to the office of New York State Attorney General Letitia James, who is conducting an investigation.

News 12 has inquired with James' office about the status of her office's investigation, and is awaiting a response.