Death by Cop 2021-2025
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James Tighe Cushman
Age : 31
Gender : Male
Race : White
Date : 08/30/2024
Location : Hawthorne Drive near Poplar Avenue
City : Orchard Park
County : Erie
State : New York
Agency : Orchard Park Police Department
Officer(s) :Thomas Fowler; Tanner Till
Cause of Death : Gunshot
Event : Killed by police under undisclosed circumstances
OPEN RECORDS SUMMARY :
On 08/30/2024, at approximately 8:52 p.m., James Tighe Cushman, 31, called 911 from his home on Hawthorne Drive in Orchard Park and reported a disturbance involving a gun. Cushman told the dispatcher that his mother was outside with a gun and that he had armed himself with a knife. During the call, Cushman made statements indicating that he anticipated a potentially fatal encounter with responding police.
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Orchard Park Police Officer Thomas Fowler was the first officer to arrive. According to the subsequent New York Attorney General's Office of Special Investigation, Cushman ran toward Fowler carrying a knife. Fowler drew his firearm and backed away while repeatedly ordering Cushman to drop the knife. Cushman stopped, returned toward his house and made statements questioning why Fowler had not shot him. He then placed the knife on top of a mailbox.
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Officer Tanner Till subsequently arrived. Cushman retrieved the knife from the mailbox and again ran toward the officers while they retreated behind their patrol vehicles. Cushman again stopped and moved back toward his house. When another police vehicle arrived, Cushman ran toward the officers a third time. Police alleged that he continued toward them holding the knife despite repeated commands to drop it. Fowler and Till then fired, striking Cushman seven times.
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Cushman's mother had been outside during portions of the encounter. An attorney representing the family later said she had succeeded in getting Cushman to put the knife down before additional police activity and commands caused the situation to escalate again. The family's attorney argued that police escalated an encounter that could have been de-escalated.
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Neither Fowler nor Till was wearing a body camera. Orchard Park Police did not equip its officers with body-worn cameras at the time. However, a neighbor's security camera recorded significant portions of the encounter, and police subsequently released that recording along with the 911 audio. The New York Attorney General later reported that Orchard Park police began equipping and training officers with body cameras in 2025.
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Cushman was taken to a hospital, where he was pronounced dead. Orchard Park Police Chief Patrick Fitzgerald publicly characterized the circumstances as appearing consistent with what he called "suicide-by-cop." The New York Attorney General's Office of Special Investigation opened an independent investigation into Cushman's death.
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On 04/01/2026, the Attorney General's Office released its final investigative report. OSI reviewed crime-scene evidence, security-camera footage, 911 recordings, witness and officer interviews and other evidence. The office concluded that prosecutors would be unable to disprove beyond a reasonable doubt that Fowler and Till acted in lawful self-defense under New York law and therefore declined criminal charges.
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Cushman's family subsequently challenged the police account and pursued civil litigation. His mother, Suzann M. Tighe, filed a federal civil-rights lawsuit in the Western District of New York against Fowler, Till, the Town of Orchard Park, its police department and other defendants on 09/25/2025. The litigation remained active in federal court in 2026.
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Cushman was born 06/11/1993. His obituary identified him as the son of Suzann Tighe and the late Timothy J. Cushman, brother of Erin Delano and Shawn Cushman, and uncle to three nephews. His obituary also specifically mentioned his beloved dog, June.
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OFFICER BACKGROUND
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Thomas Fowler and Tanner Till were identified as the Orchard Park officers who shot Cushman. Tanner Till had been an Orchard Park police officer for approximately one year when the shooting occurred.
SOURCE LINKS :
https://www.audacy.com/wben/news/local/citizen-dead-after-officer-involved-shooting-in-orchard-park
https://www.youtube.com/watch?v=rHMWcCAmXbk
https://www.audacy.com/wben/news/local/orchard-park-police-identifies-victim-in-officer-involved-shooting
https://www.audacy.com/wben/news/local/orchard-park-police-department-provides-update-on-shooting
https://www.wkbw.com/news/local-news/man-shot-and-killed-by-orchard-park-police-identified-more-information-released
https://www.wkbw.com/news/local-news/southtowns/family-of-orchard-park-man-shot-and-killed-by-police-moving-forward-with-legal-action
https://ag.ny.gov/press-release/2024/attorney-generals-office-special-investigation-opens-investigation-civilian-23
https://ag.ny.gov/press-release/2026/attorney-general-james-office-special-investigation-releases-report-death-james
https://ag.ny.gov/sites/default/files/reports/osi-james-cushman-report.pdf
https://dockets.justia.com/docket/new-york/nywdce/1%3A2025cv00929/157571
https://www.colonialmemorialchapels.com/obituaries/james-cushman
Audio and Video:
https://www.youtube.com/watch?v=rHMWcCAmXbk
