WEST SENECA, N.Y. (WKBW) — Newly obtained Atlanta Police Department records provide additional details about a sexual assault allegation involving West Seneca Police Chief Brian Cosgrove.
WKBW first reported Tuesday on a 13-page civil lawsuit accusing Cosgrove of raping a woman during a Town-approved trip to Atlanta in June 2025. You can watch our previous reporting below.
WATCH: Documents: West Seneca police chief accused of rape during taxpayer-funded trip
The newly obtained APD report identifies Cosgrove as the suspect in the investigation.
The Fulton County District Attorney's Office tells WKBW it reviewed the case and determined there was not enough evidence to pursue an indictment.
"The Atlanta Police Department and the District Attorney's Office reviewed the available evidence in this matter, including video. The evidence was insufficient to support seeking an indictment," a Fulton County DA's Office spokesperson said.
West Seneca Town Supervisor Gary Dickson previously told WKBW that Atlanta Police investigated the matter and Cosgrove was cleared of any wrongdoing.
"The allegations made against Chief Cosgrove are very serious," Dickson said. "The Atlanta Police Department investigated this matter, and the Chief was cleared of any wrongdoing."
Dickson also said the Town followed its town attorney's advice throughout the process and expects the Town will ultimately be found to have acted appropriately.
According to the APD report, the alleged incident occurred between 11 p.m. June 3 and 7 a.m. June 4, 2025, at the Atlanta Marriott Marquis.
The case was classified as a rape and marked as a delayed report. The report was filed June 26, 2025, several weeks after the alleged incident.
The report identifies the woman as the victim and Cosgrove as the suspect. It also lists the two as acquaintances.
According to the APD report, the woman spent the evening of June 3 with Cosgrove and two other West Seneca employees. They went to dinner, attended a comedy show and later returned to a hotel bar.
She told investigators she had been drinking throughout the evening. She said she became intoxicated and later had little or no memory of portions of the night.
Her husband told police he was tracking her location and saw that she remained at the Marriott until about 1:43 a.m.
The woman told investigators she woke up in her hotel room with injuries. She said she began experiencing flashbacks of the night and came to believe she had been sexually assaulted.
WATCH: West Seneca police chief cleared after rape allegation, DA says insufficient evidence for indictment
The lawsuit alleges Cosgrove sexually assaulted the woman while attending the National Co-Responder Conference in Atlanta.
Town records show West Seneca authorized Cosgrove and two other employees to attend at a cost not to exceed $5,600.
A portion of the expense was expected to be recouped through a CIT grant.
The lawsuit alleges Cosgrove was on duty during the alleged assault and that the plaintiff did not consent. Those allegations have not been proven in court.
The lawsuit also alleges the Town was aware of previous complaints and allegations involving Cosgrove. WKBW has not confirmed those allegations.
WKBW has reached out to Cosgrove and the plaintiff's attorney for comment. We have not heard back.
