BUFFALO, N.Y. — Erie County District Attorney John Flynn said there was no criminal wrongdoing on the part of Buffalo Police officers involved in a shooting last September.
As a result, no criminal charges will be filed.
Officers were called to a home on Tonawanda Street back in September for reports of an attempted suicide.
Body camera footage released by Buffalo Police show officers going into the attic where they say they found a man with a gun pointed underneath his chin. Officers say they asked the man to drop the weapon, but he wouldn't. That's when one of the officers fired eight rounds, hitting the man once.
On Your Side is not naming the man, due to the nature of the mental health call.
The man has since filed a notice of claim against the city, the police department and the officers.
His attorney claims the officers were not properly trained and used excessive force.
"I don't know if the Buffalo Police is following best practices as far as what other police departments are doing that encourage the communication and different techniques that could have been deployed here," said Melissa Wisherath, the man's attorney. "My main takeaway is people experiencing a mental health crisis. Their lives aren't important. They shouldn't just be shot or injured when really what they need or maybe communication and help from trained professionals
The City of Buffalo, the police department and responding offers are named in the Notice of Claim. A spokesperson for the City of Buffalo released a statement to 2 On Your Side in November that said, "The city does not comment on pending litigation."
The man was also facing other charges in connection with guns being found in the home at the time, but Flynn says those charges most likely will be dismisses ad they belonged to the man's father and they were all properly obtained or registered.
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