After an extensive yearlong investigation by the state Attorney General's Office of Special Investigation, it has been determined that two Niagara Falls police officers involved in the fatal shooting of a 53-year-old man in 2023 will not face criminal charges. The investigation concluded that the shooting, which resulted in the death of Benjamin Rivers on August 3rd, 2023, was justified under state law.
The incident unfolded when Officer Kayla Richards responded to a 911 call reporting a gunshot outside apartments located at 942 Niagara Avenue around 9:35pm.
Upon arrival, Officer Richards encountered a man sitting outside the building holding a gun in his right hand. She repeatedly instructed the man, later identified as Rivers, to put the weapon down. However, instead of complying Rivers stood up and approached Officer Richards.
He then pointed the gun at her and fired a shot. In response to the threat, Officer Richards, along with another officer named Ian Sitek, returned fire until Rivers fell to the ground and dropped a .22 caliber revolver. The 14-page report on the investigation into the shooting revealed that Rivers sustained nine gunshot wounds.
To gather evidence and gain a comprehensive understanding of the incident, investigators reviewed footage from body-worn police cameras and security cameras at the scene. Additionally, they conducted interviews with both officers involved and five civilian witnesses present during the incident.
Based on the evidence and testimonies gathered, the state Attorney General's Office of Special Investigation concluded that the actions of the officers were justified under state law. The investigation determined that Officer Richards and Officer Sitek responded appropriately to the immediate threat posed by Rivers who had fired a shot at Officer Richards. The decision not to press charges against the officers brings closure to the investigation into the tragic incident.