AG: No charges will be filed after man was shot, killed by Orchard Park police

The New York Attorney General’s Office of Special Investigation (OSI) has announced that no charges will be filed after Orchard Park police shot and killed a man in August 2024.

According to the AG, on August 30, 2024, James Cushman called 911 to report a disturbance at his house involving a gun and informed 911 that he was armed with a knife to defend himself. The AG said that when the first Orchard Park police officer responded, Cushman charged at him with a knife and the officer pulled out his service weapon and retreated toward the rear of his patrol car. The AG said the officer repeatedly instructed Cushman to drop the knife and he abruptly stopped, walked back toward his house, and said, “Why didn’t you do it?” and “You could have done it,” then put down the knife on top of his mailbox.

The AG said a second officer arrived and Cushman grabbed the knife off the top of the mailbox and charged at both officers. The officers retreated behind their patrol cars and repeatedly directed him to drop the knife. He stopped abruptly again and walked back towards his home…

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