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NFTA officer cleared in on-duty shooting

photo courtesy NFTA

By WBFO News

Buffalo, NY – An NFTA Officer was cleared by an Erie County grand jury Thursday of any criminal wrong-doing in the on-duty shooting of a federal parole violation suspect on July 28.

Erie County District Attorney Frank A. Sedita III confirmed that the grand jury determined that officer James Delacy was justified in his use of force to stop 23-year old Kevin J. Allen and secure his arrest. Delacy shot Allen during a fight on Linwood Avenue after a stolen car chase.

The Grand Jury also determined there is enough evidence to indict Allen for assault in the second degree, obstructing governmental administration by means of a self defense spray device,unauthorized use of a vehicle in the third degree, criminal possession of stolen property in the third degree and criminal possession of stolen property in the fourth degree.

Allen, who is still in jail on federal parole violation charges, will be arraigned on September 12.

The 43-year old NFTA officer is reportedly still recuperating from the shoulder injury and trauma he suffered in the early afternoon fight with the 300-pound Allen.