HAMBURG, N.Y. (WKBW) — On Monday, Dan Chiacchia, attorney for the mother of James Cushman, held a press conference at his Hamburg law office.
Cushman was shot and killed by Orchard Park police officers in August 2024. Police said the 31-year-old ran toward officers with a knife outside his home on Hawthorne Drive.
WATCH: Orchard Park Police released Ring camera footage of the shooting. You can watch the full video here, explicit language removed.
An autopsy report showed Cushman was shot seven times and was later pronounced dead. Nine months later, the family is pursuing legal action. It's now likely that Cushman's family will file a lawsuit against Orchard Park Police by the end of November.
Below is a timeline of events provided by Chiacchia to 7 News:
August 29, 2024
Chiacchia said Orchard Park Police reported to Cushman's home on August 29. Chiacchia said officers told the 31-year-old to call them if he needed any help.
"They were really kind to James, and talked to him the way you should talk to somebody that's in a mental health crisis," explained Chiacchia.
Officers had encountered Cushman before, which is why Chiacchia said officers should've handled the situation differently.
August 30, 2024
Cushman called 911 just before 9 p.m. Chiacchia said Cushman believed someone was trying to kill him, which is why he was armed with a knife.
According to Orchard Park Police Chief Patrick Fitzgerald, Cushman told the 911 dispatcher, "If Orchard Park Police get sent here, I'm probably going to lose my *expletive* mind bro."
Cushman is also heard on the call saying, "I'm going out with a bang."
A few minutes later police arrive at the home. The officers were identified as Thomas Fowler and Tanner Till. Officer Fowler has six years of experience. Officer Till has been with the department for more than a year.
According to Orchard Park Police, Cushman charged responding officers with a knife.
Chiacchia said he was told that Orchard Park Police were updating body camera equipment, and therefore, no body cam footage has been made available. Instead, doorbell footage picked up the altercation. You can hear an officer tell Cushman to "drop the knife" multiple times.
Chiacchia said Cushman's mother convinced her son to drop the knife. Police said he put the knife on a mailbox. However, that didn't last long.
"Another [police] vehicle arrives on the scene, and they immediately start yelling at the mother to get back in the house," said Chiacchia. "The mother was the one who convinced James to put the knife on the mailbox."
Chiacchia said Cushman became agitated with the lights and yelling, picked up the knife again and ran toward officers. That's when the officers fired their weapons, shooting Cushman.
"[Police] escalated the situation that could have been de-escalated," said Chiacchia.
According to Fitzgerald, Cushman dropped the knife but began to fight with one of the officers until he was put in handcuffs. The officers then began life-saving measures. Cushman was pronounced dead at the hospital.
I reached out to Chief Fitzgerald, but have not yet heard back. Last year, he told reporters that officers were justified in their actions.
Chiacchia said Cushman's family is looking to make Governor Kathy Hochul aware of this situation for future mental health calls.
