The Attorney General's Office of Special Investigation released its report on April 1, 2026, declining to pursue criminal charges against Orchard Park Police Department officers who shot and killed James Cushman on August 30, 2024. The investigation included review of crime scene evidence, security camera footage, 911 calls, officer and witness interviews, and comprehensive legal analysis.
The incident began when Cushman called 911 at 8:52 p.m. to report a disturbance at his house involving a gun, telling dispatchers he was armed with a knife to defend himself. When the first officer arrived and exited his patrol car, Cushman charged at him with the knife, prompting the officer to draw his weapon and retreat while repeatedly ordering Cushman to drop the knife.
After initially putting the knife down on his mailbox, Cushman retrieved it when a second officer arrived and charged at both officers again. During a third charge when additional patrol cars arrived, two officers discharged their service weapons, striking Cushman, who was later pronounced dead at a local hospital.
Under New York's justification law, police officers may use deadly physical force when they reasonably believe it necessary to defend against deadly physical force. OSI determined that given Cushman's multiple charges with a knife while ignoring commands to drop the weapon, prosecutors could not disprove beyond a reasonable doubt that the officers' actions were justified.
The investigation revealed that the Orchard Park Police Department did not equip officers with body-worn cameras at the time of the incident. The department informed OSI in June 2025 that officers are now equipped with and trained in the use of body-worn cameras.
OSI reiterated its consistent recommendation that the New York State Legislature pass a bill requiring all police departments to equip officers with body-worn cameras, highlighting ongoing concerns about police accountability and transparency in use-of-force incidents.