The city of Newburgh Police Department is being sued for a fatal shooting of an armed suspect who allegedly tried to shoot at police while being taken into custody.

Police body camera video shows Tyrell Fincher seemingly point his gun at city of Newburgh police during a fast and intense struggle with three officers that killed him in 2020.

High profile Goshen attorney Michael Sussman has filed a wrongful death lawsuit for Fincher’s sister after the controversial incident that caused near-riots and street fires in protest at the time.  

“You can’t just use lethal force and say someone carried a weapon therefore, it was lethal force. It has to be something more direct and dramatic than that,” said Sussman.  

The suit claims three officers violated the 27-year-old’s constitutional rights when they used deadly force while trying to take him into custody for a shots-fired incident the night before.  

Authorities say officers acted in self-defense, but Sussman says despite what appears to be seen on the video, Fincher wasn’t trying to shoot police. 

“He pulled the weapon out and was waving it. You can see the video he’s waving the weapon,” said Sussman. “I interpreted as a way of saying I’m not doing anything. It was also an inoperable weapon.” 

Orange County District Attorney Dave Hoovler tells News 12 an investigation found Fincher’s loaded gun was working and that he racked it while police approached. 

A grand jury found the officers were not guilty of any wrongdoing in 2020 and Hoovler said at the time that the use of deadly force was justified, and that Fincher made the “regrettable decision” to try to shoot a police officer, refuse to drop his weapon and resist arrest. 

Those details will now be reviewed by a federal court in White Plains. 

“We have too much violence. I think everyone is coming to understand that,” said Sussman. “There has to be other ways to solve problems.” 

The lawsuit is seeking financial damages, but Sussman wouldn’t say how much, only that the funds are needed to care for Fincher’s now 4-year-old son.  

The attorney general's office investigates deadly police shootings, but Hoovler says his office was charged with leading the probe since Fincher was armed. 

The city of Newburgh said they had no comment.