The Cheektowaga police chief says the use of deadly force Saturday night by one of his officers is a terrible tragedy, and that the force feels badly for the man killed and the officer involved.
Darrel Bosell, 34, from the Town of Java, was shot and killed in the parking lot of the Best Western Hotel on Genesee Street late Saturday. New York State Police had called Cheektowaga Police to inform them that Bosell was believed to be in their vicinity and he was believed to be armed with a stolen .45 caliber semi-automatic handgun. State Police also believed Bosell was severely agitated and had been drinking.
Police had Bosell's cell phone number and called him several time. They could not determine his exact location until they tracked the "ping" from his phone. When an officer arrived at the hotel, police say he saw Bosell walking through the parking lot and clearly holding a handgun.
The police chief says the officer's dash-cam video clearly shows Bosell with the gun and that he "aggressively approached" the officer, who was still in his patrol vehicle. That was when the officer fired two shots, hitting Bosell in the chest. Bosell was later pronounced dead at St. Joseph's Hospital. Police say the entire incident lasted less than 30 seconds.
"I don't think there is any question that the officer involved in this occurrence had any choice but to defend himself," said Cheektowaga Police Chief David Zack.
"He had a second to respond to someone pointing a semi-automatic at him," said Tom Burton, the attorney representing the officer in this case.
Burton says under New York State Law, the use of force was absolutely justified. Burton says Bosell got so close to the officer's patrol car, he pointed the gun through the window and at the officer's head. He says the officer had no other option but to shoot.
"He didn't have many options, there were no tactical options."
Authorities are not yet releasing the name of the officer involved, who is a 16-year veteran of the department. He is currently on paid administrative leave. "He's one of the best we have," said Cheektowaga Police Chief David Zack.
The following statement was sent to 7 Eyewitness News from the attorney representing the Bosell family:
“On behalf of Mrs. Bosell, her children, and family, we would like to thank the Wyoming County Sheriff’s Department, the Wyoming County Dispatchers, the New York State Police, and the Cheektowaga Police Department for their service and professionalism during this difficult time. We are grateful that no officer was hurt. We pray for the responding officer and his family, that he will be able to return to his job and serve his community soon. The Bosell family needs time to heal and respectfully request their privacy at this time.”
