VIDEO: Orchard Park Police provides update on Labor Day weekend shooting

Orchard Park, N.Y. (WBEN) - The Orchard Park Police Department has released the 9-1-1 audio, as well as video captured from the officer-involved shooting of 31-year-old James Tighe Cushman more than a week ago.

Police Chief Patrick Fitzgerald confirmed that both officers, Thomas Fowler and Tanner Till, were not wearing bodycams at the time of the shooting. However, a neighbor's security camera was able to capture the incident.

Based on the video and 9-1-1 audio of Cushman's statements, Fitzgerald believes this is a "suicide-by-cop" situation, but can't confirm at this time.

Fitzgerald also confirmed that both officers were not found to be in violation of department polices, and are anticipated to return back to duty once the New York State Attorney General's Office completes their investigation.

Fitzgerald later explained that in 2016, the Orchard Park Police Department was one of the first agencies in Western New York to start a bodycam program. Unfortunately, over the years, many of their bodycams became unusable due to hardware/firmware issues. The department did not have the immediate funds to replace them, until recently.

"Our department, in observing that our body cameras were starting to go down and we had more and more issues with them, began the process of securing funding to re up our body cam program. That was done last year," stated Fitzgerald in an interview with the media. "We applied for grant funding, and we were very pleased earlier this year to receive that funding through New York State. At the point that we received the grant funding, I began the process in our 2025 Budget hearings to request the funding for the other side of a body cam program, and that is licensing and storage costs."

The department also has a voluntary bodycam policy, meaning officers have the choice if they want to wear one while on duty. Fitzgerald says this will change with their new bodycam policy, which is expected to roll out with their new program next year.

"The bodycam policy, in looking at best practice, especially here in New York state, with a model bodycam policy that New York State has, is going to be a policy where officers are are going to have body cameras provided to them for use when they have contacts with the community - versus a policy previously where officers essentially could choose whether or not they wanted to have that technology provided to them."