NIAGARA FALLS, N.Y. — Two Niagara Falls police officers involved in a fatal shooting last year will not have criminal charges filed against them.
The New York State Attorney General's Office of Special Investigations (OSI) concluded their investigation into the August 3, 2023 incident.
Niagara Falls Police say officers responded to a call of shots fired at an apartment complex at 942 Niagara Avenue. When officers arrived on scene, they encountered a 53-year-old male from Niagara Falls with a handgun.
The Niagara Falls Police Department released bodycam footage of the incident.
The body cam footage shows Officers Kayla Richards and Ian Sitek responding. When they arrived, a woman told them a man was shooting at her car. Police could be heard in the video making numerous requests for the subject, identified as Benjamin Rivers, 53, to drop the gun. Police say the Rivers had the gun in his right hand and was seen approaching officers.
The OSI investigation found that Rivers fired one shot at the officers and both officers fired their service weapons at Rivers in response. Rivers was taken to a hospital where he was pronounced dead.
Under New York State law, police officers can use physical force when necessary when arresting or attempting to arrest someone. The OIS found that because Rivers fired at the officers, putting not only the officers in danger, but also the public, they were justified in the shooting.
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