Ex-Suffolk Chief James Burke Gets 46 Months for Assault, Cover-Up

Former Suffolk County Police Chief James Burke, 52, of Smithtown, New York, was sentenced today to 46 months in federal prison and three years of supervised release for assaulting a handcuffed suspect and orchestrating a years-long cover-up that reached deep into the department’s ranks. U.S. District Judge Leonard D. Wexler handed down the sentence at the federal courthouse in Central Islip, slamming Burke for abusing his position as the highest-ranking uniformed officer in the department.

Burke pleaded guilty on February 26, 2016, to one count of civil rights violation and one count of conspiracy to obstruct justice. The charges stem from an incident on December 14, 2012, when Christopher Loeb, a probationer, was arrested at his mother’s home in Smithtown for multiple probation violations. During the search, officers discovered stolen goods from over a dozen vehicles—including Burke’s own SCPD-issued SUV. Among the stolen items: Burke’s gun belt, ammunition, cigars, a humidor, and a personal canvas bag.

After retrieving his belongings, Burke drove to the SCPD’s Fourth Precinct, where Loeb was being interrogated. Loeb was handcuffed and chained to the floor when Burke entered the room and brutally attacked him—punching and kicking him in the head and body. The assault was witnessed by multiple detectives, but Burke immediately moved to silence them. Over the next three years, he pressured subordinates to lie, fabricate stories, and conceal his actions from investigators.

When the FBI and U.S. Attorney’s Office launched a civil rights investigation in 2013, Burke escalated his efforts. He summoned detectives to SCPD headquarters in Yaphank and pressured them to agree to a false narrative. One detective complied, giving false testimony under oath in a state pretrial hearing in October 2013, denying any assault ever occurred. The cover-up unraveled as federal authorities closed in, leading to Burke’s arrest on December 9, 2015. He has remained in federal custody since.

“During his tenure as the highest ranking uniformed officer in the Suffolk County Police Department, James Burke considered himself untouchable,” said United States Attorney Robert L. Capers. “He abused his authority by brazenly assaulting a handcuffed prisoner, he pressured subordinates to lie to cover up his criminal acts, and he attempted to thwart the civil rights investigation into his conduct. With today’s sentence, Burke learned that no one is above the law.”

FBI Assistant Director-in-Charge William F. Sweeney, Jr., emphasized the broader damage: “Burke’s abuse of power and efforts to obstruct justice not only threatened to undermine the integrity of a federal investigation, but also the reputation of all the Suffolk County police officers who value the laws they are sworn to uphold. As evidenced by today’s sentence, Burke, and others, are reminded that this type of behavior won’t go unpunished.” The case was prosecuted by Assistant U.S. Attorneys Lara Treinis Gatz and John J. Durham, with assistance from EDNY Investigator William Hessle. E.D.N.Y. Docket No. 15-CR-627 (LDW).