A wrongful death lawsuit against the City of Buffalo and a Buffalo police officer is moving forward, now that a Rochester appellate court has dismissed the city's motion to throw out the case. The case stems from a deadly shooting involving the officer seven years ago.
Back in 2009, Matthew Ryan Connors was fatally shot by Buffalo police officer James Reese in Connors' apartment. A grand jury never returned an indictment against Reese but the parents of the deceased have since pursued civil action.
Named in the lawsuit filed by Connors' parents are the City of Buffalo, the Buffalo Police Department and Officer Reese. An attempt to have the case dismissed was rejected by the State Supreme Court's Appellate Division, Fourth Judicial Department, in Rochester.
Representing Connors' parents is attorney Steven Cohen.
"The city moved to dismiss the action against them, and the Appellate Division said there were enough discrepancies in the testimony of Officer Reese to compel a trial in this case," Cohen said.
The shooting followed a reported robbery at a Seneca Street drug store. A verbal description of a car linked to the robbery matched one registered to Connors.
It is alleged that when Reese went to Connors' home, the latter brandished what appeared to be a gun and struggled with the officer, leading Reese to use deadly force.
Steven Cohen, the attorney representing the parents of the deceased, says Connors' medical condition casts doubt on Reese's version of the story.
"He had a lot of hardware in his back because of a prior car accident," Cohen said. "He had spinal fusion surgery and the accounts of the physicians, which was on the record in the appeal before the Appellate Division, and before (State Supreme Court) Judge Michalski below, said that he was just not capable of engaging in that kind of struggle."
Cohen says there was an apparent history between Connors and Officer Reese's wife, an alleged confrontation involving a car being struck and damaged by a shopping cart.
City of Buffalo officials advised WBFO that they have no comment at this time, because the case is still in litigation.
Jury selection in the civil trial is scheduled for June 16.
