The New York Attorney General’s Office of Special Investigation (OSI) has concluded its inquiry into the 2024 fatal shooting of James Cushman by Orchard Park Police officers, determining that criminal charges against the officers are not warranted. According to the OSI, prosecutors would be unable to disprove beyond a reasonable doubt that the officers’ use of deadly force was justified under New York State law. This decision, announced following a comprehensive review, marks a significant development in a case that has drawn considerable attention across Western New York.
Chronology of the August 2024 Incident
The incident began on August 30, 2024, when James Cushman placed a 911 call reporting a disturbance at his residence, claiming he was armed with a knife for protection. Upon the arrival of the first Orchard Park Police officer, Cushman allegedly charged with the weapon in hand. The officer retreated, issuing multiple commands for Cushman to disarm. While Cushman briefly complied by placing the knife on a mailbox, the situation escalated when a second officer arrived. Cushman reportedly retrieved the knife and charged again, forcing officers to retreat to their patrol vehicles.
As a third patrol unit arrived on the scene, Cushman allegedly charged a third time, ignoring repeated orders to “drop the knife.” At this point, two officers discharged their service weapons. Cushman was transported to a local hospital, where he was later pronounced dead. This tragic outcome has since prompted rigorous scrutiny of police protocols regarding community safety and crisis intervention.
OSI Findings and Legal Justification
In its investigative report, the OSI noted that its findings were based on physical evidence, security camera footage from the vicinity, 911 audio recordings, and testimony from both officers and civilian witnesses. Under New York’s justification law, law enforcement is permitted to use deadly force if they reasonably believe it is necessary to defend themselves or others from the use of deadly physical force.
The OSI concluded that because the officers were facing an immediate threat from an armed individual charging at them, the use of force met the legal threshold for justification. Consequently, the Attorney General’s office determined there was no legal basis for a criminal prosecution.
Advocacy for Body-Worn Cameras
A notable factor in the investigation was the absence of body-worn cameras at the time of the shooting. While the Orchard Park Police Department confirmed in June 2025 that all officers are now equipped and trained in the use of these devices, the OSI continues to advocate for broader reform. The agency has reiterated its recommendation to the New York State Legislature to mandate body-worn camera programs for all police departments statewide to ensure transparency and accountability in future incidents.
Family Lawsuit Cites Mental Health Crisis
Despite the state’s decision not to pursue criminal charges, the Cushman family filed a lawsuit last September, alleging that Orchard Park Police used excessive force. The family contends that James Cushman was suffering from a documented mental health crisis—including psychosis and severe anxiety—at the time of the encounter.
The lawsuit challenges the official narrative, with Cushman’s mother asserting that her son had initially put the knife down. Furthermore, the legal filing highlights autopsy results showing Cushman was struck seven times, including five shots from behind. The family argues that the police response failed to account for Cushman’s psychological state, leading to an avoidable tragedy.
Reporting by William Strasmore: William is a dedicated news reporter for Lake Erie Times, providing in-depth coverage of regional dynamics and community affairs in Western New York.
Disclaimer: The content provided by Lake Erie Times is for informational purposes only and should not be considered professional legal or financial advice.
