CHEEKTOWAGA, N.Y. -- Cheektowaga Police say an officer , who shot and killed a man who allegedly confronted him with a gun late Saturday, was justified in his actions.
"From what we know now, 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 during a Monday morning news conference.
Cheektowaga Police say the New York State Police contacted Cheektowaga Police around 10 p.m. Saturday for their help in locating a white, male suspect from Wyoming County who had stolen a gun.
Around 11 p.m. an officer from the Cheektowaga Police Department confronted the individual in the parking lot of the Best Western on Genesee Street. The officer answered the call alone but in uniform and in a marked police car.
Assistant Chief Speyer said that the officer was immediately forced to "use deadly force to defend himself."
After being shot, the victim, Darrell Bosell, 34, of Java, was taken to St. Joes Hospital where he died a short time later.
A weapon was recovered from the scene of the incident, and police say it "appears to be the weapon that was stolen." Chief Zack says the gun Bosell was carrying, was not loaded at the time of the shooting.
gun allegedly brandished by Darrell Bosell when Cheektowaga officer fatally shot him in chest. Gun not loaded @WGRZ pic.twitter.com/iOzStsN7E2
— Dave McKinley (@DaveMcKinley2) March 7
According to Chief Zack, his department was able to contact Bosell --whom he described as seemingly drunk and despondent-- on his cell phone, on at least two occasions prior to the shooting -and pinged it to track his locations.
He says his officer had almost no time to react when he finally encountered Bosell, and that a patrol car dash cam offers a partial recording that verifies that.
"Within 13 seconds of that officers arrival, the officer believed he spotted Mr. Bosell walking through the parking lot," said Zach, "It is alleged that Mr. Bosell aggressively approached the officer and directed his handgun at the officer while the officer was still seated in his patrol vehicle, leaving the officer no alternative but to use deadly physical force."
However, Zack noted the camera does not capture all which occurred.
"The entire incident is not captured. At a certain point Mr. Bosell is out of frame and the officer is never in the frame itself," said Zack. "It is clear there is a handgun and Mr. Bosell does face the officer with the handgun."
Zack says he intends to release the dash cam video to the public at the conclusion of the investigation, which he expects will not take a great deal of time to wrap up.
The officer involved is a 16-year veteran of the police department. Currently he is on paid administrative leave. This is a department policy for when an officer uses deadly force.
Tom Burton, the attorney for the officer, told 2 On Your Side that his client faced a "life-or-death" situation. The officer, who has a wife and three children, "had absolutely no other choice" than to fire his weapon, Burton said.
"His quick thinking, in all probability, prevented him or some other people -- including some other cops -- from being shot," Burton said.
Speyer said that most of the vehicles in the department are equipped with dashboard cameras, and if there was one in the officer's car, it will be part of the investigation.
The Cheektowaga Police Department is working with the New York State Police as well as the District Attorney's Office in this investigation.
The District Attorney could opt to send the case to a grand jury.
"At least from what I've seen so far, there's nothing this Cheektowaga Police officer has to worry about, if the DA decides to present this case for formal grand jury review," Burton said. "I suspect the evidence will be very telling."
The attorney for the Bosell family released the following statement regarding the shooting that occurred late Saturday night:
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.