The Office of Special Investigation (OSI) under New York Attorney General Letitia James released a report on Apr. 1 regarding the death of James Cushman, who died after an encounter with Orchard Park Police Department officers in Erie County on August 30, 2024.
The release addresses public interest in police accountability and transparency following fatal encounters. The OSI’s investigation included reviewing crime scene evidence, security camera footage, and 911 calls, as well as interviewing officers and witnesses.
According to the report, Mr. Cushman called 911 reporting a disturbance at his home involving a gun and stated he was armed with a knife for self-defense. When police arrived, Mr. Cushman charged at an officer with the knife but retreated after commands to drop it. After additional officers arrived, Mr. Cushman again charged at them while holding the knife despite repeated orders to drop it. Officers discharged their weapons when Mr. Cushman did not stop advancing; he was transported to a hospital where he was pronounced dead.
The OSI concluded that “a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ actions were justified under New York law.” The justification law allows police use of deadly force if they reasonably believe it is necessary for defense against deadly physical force.
At the time of the incident, Orchard Park Police Department did not equip its officers with body-worn cameras (BWCs). The department has since implemented BWCs and trained its staff in their use as of June 2025. The OSI continues to recommend that state lawmakers require all departments to equip officers with BWCs.
Letitia James heads the New York Attorney General’s office according to the official website. The agency promotes social justice through civil rights enforcement and consumer advocacy according to its official website, protects residents by ensuring public safety and defending civil rights according to its official website, operates regional offices across New York State according to its official website, provides services such as consumer fraud investigations and tenant dispute mediation according to its official website, and serves as a public law enforcement agency for New York according to its official website.
