BUFFALO, N.Y. — On Friday, Aug. 30, the Orchard Park Police Department responded to a 911 call from James Cushman.
"Mr. Cushman calls 911 stating that someone outside his house has a gun. He states it’s his mother and he states a laser was pointed at his face," said Orchard Park Police Chief Patrick Fitzgerald.
After arriving to the scene, authorities say the officer was charged by Cushman, who had a knife.
"Mr. Cushman charges at the officer while armed with a knife. The officer then tactically retreats behind his police car. Mr. Cushman then walks away and yells, 'You should’ve done it dude,' Fitzgerald said.
During the encounter, Cushman made several similar comments to officers. Police said that the statements were consistent with suicide by cop.
"Mr. Cushman then yells at the officers, 'Why won’t you guys do it,'" said Fitzgerald.
A second officer also arrived on scene.
At one point, Cushman agreed to put the knife down on a mailbox momentarily before grabbing it again and moving toward the two officers.
"At this point, he is armed with the knife and directly runs at the two officers to the south. They again attempt to tactically retreat south to the rear of the police cars as Mr. Cushman rapidly closes the distance between them. At this point, both officers fire their sidearms," explained Fitzgerald.
Both officers remain on paid administration leave, however based on the department’s internal investigation, it was determined that the officers' conduct was consistent with the justification provisions of the New York State Penal Law.
"As a result, it is anticipated that these officers will return to active duty in the near future," Fitzgerald said.
Cushman was taken to the hospital where he was pronounced dead.