New York Attorney General's Office will not file criminal charges against Buffalo Police officers in February shooting on Reed Street

Buffalo, N.Y. (WBEN) - There will be no further action from the New York State Attorney General's Office against the Buffalo Police officers who opened fire, killing 58-year-old Edward Holmes in a morning shooting on Feb. 24 on Reed Street.

New York Attorney General Letitia James and her Office of Special Investigation (OSI) released their report on the shooting death of Holmes on Tuesday, detailing the events leading up to the actions of Buffalo Police officers that Saturday morning in the city.

Following a thorough investigation, which included review of body-worn camera footage, interviews with involved officers, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ actions against Holmes were justified under New York law.

On the morning of Feb. 24 at approximately 10 a.m. EST, Buffalo Police officers responded to a 9-1-1 call reporting a man armed with a shotgun on Reed Street.

It was later determined that Holmes, himself, made the call to police, telling the dispatcher the "individual" was threatening a guy at a nearby church, but the supposed individual at the church was no longer there. The 9-1-1 recording also noted the caller said the gunman would shoot at anybody that pulled up on him at the scene.

Upon arrival, officers encountered Holmes in the middle of the street, dressed in camouflage and armed with a shotgun. Officers got out of their vehicles and repeatedly directed Holmes to put down his weapon.

Holmes did not comply, and he fired his weapon.

When officers saw the gun pointed at them, they discharged their service weapons in response, striking Holmes in the left arm and to the left side of his chest. First aid was immediately rendered to Holmes at the scene, but he was eventually pronounced dead a short time later.

Under New York’s justification law, a police officer may use physical force to the extent they reasonably believe it to be necessary when arresting or attempting to arrest someone for a crime. The use of deadly physical force is justified under this law when the officer reasonably believes it to be necessary to defend themselves or another person from deadly physical force.

In this case, the report says Holmes was holding a shotgun in public, fired it, and began to point it at the officers, putting both the officers and any bystanders in danger.

Under these circumstances, based on the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of force to stop Holmes was justified.

With that conclusion reached, OSI has determined that criminal charges could not be pursued in this matter.

You can watch the bodycam footage from police officers in the player below: WARNING: Viewer discretion is advised.