Attorney General James’ Office of Special Investigation Releases Report on Death of James Cushman

April 1, 2026

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) today released its report on the death of James Cushman, who died on August 30, 2024 following an encounter with members of the Orchard Park Police Department (OPPD) in the town of Orchard Park, Erie County. After a thorough investigation, which included review of crime scene evidence, nearby security camera footage, and 911 calls, interviews with involved officers and witnesses, and comprehensive legal analysis, 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.

On August 30 at 8:52 p.m., Mr. Cushman called 911 to report a disturbance at his house involving a gun. Mr. Cushman informed 911 that he was armed with a knife to defend himself. When the first OPPD officer responded to Mr. Cushman's house and got out of his patrol car, Mr. Cushman charged at the officer with a knife. The officer pulled out his service weapon and retreated toward the rear of his patrol car, while repeatedly instructing Mr. Cushman to drop the knife. Mr. Cushman abruptly stopped, walked back toward his house, and said, "Why didn't you do it?" and "You could have done it." Mr. Cushman put down the knife on top of his mailbox.

A second OPPD officer then arrived on the scene and got out of his patrol car. Mr. Cushman grabbed the knife off the top of the mailbox and charged at both officers, who retreated behind their respective patrol cars and repeatedly directed Mr. Cushman to drop the knife. Mr. Cushman again stopped abruptly and walked back towards his home. As a third patrol car turned on to the street, Mr. Cushman charged at officers for a third time. One officer repeatedly yelled, "Drop the knife!" Mr. Cushman continued to run toward the officers holding the knife and did not appear to slow down. Two officers discharged their service weapons, striking Mr. Cushman. Mr. Cushman was transported to a local hospital, where he was pronounced dead.

Under New York's justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another. In this case, Mr. Cushman was armed with a knife and charged at officers multiple times while ignoring repeated commands to drop the knife. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers' use of deadly physical force against Mr. Cushman was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.

The OSI learned that at the time of the incident, OPPD did not equip its officers with body-worn cameras (BWCs). In June 2025, OPPD informed OSI that its officers are now equipped with and trained in the use of BWCs.

The OSI consistently recommends that the New York State Legislature pass a bill to require all police departments to equip officers with BWCs.