INNOCENT MAN’S CLOSE CALL 2008
An Amherst officer who had just arrived on scene to a back-up call had just a moment to decide whether or not to shoot at a man who was running toward him pointing a gun. It was a life and death situation and police say Officer Devin Small did what police officers are trained to do, he shot at the man.At a press conference Tuesday morning police said they're thankful a dashcam was rolling as the situation was unfolding. Police say the recording shows 50-year-old Robert Gonzalez, of Lorain holding a gun to his wife Nawassa's head.They were sitting down in the doorway of a business in downtown Amherst. That's when a passerby, Donald Gregg, saw the couple.Gregg stopped the first policeman who came to the scene and the officer started his dashcam. While that first officer called for assistance, police say Gregg went back to the couple. He was trying to get the husband to give up his gun. "At some point the male citizen got the gun from the male suspect and ran toward Patrolman Small, who was just again south of the incident, and pointed the gun at Patrolman Small. Patrolman Small fired, being in fear for his life," said Lt. Joseph Kucirek.Amherst police Lt. Kucirek said, despite orders from Officer Small to drop the gun, Gregg held it and ran toward Officer Small.Lucky for Gregg, Officer Small missed, hitting a street sign instead. "Luckily we were able to rely on the videotape and some audio from the videotape to put the story together and eventually find that the officer, Devin Small, acted reasonably and within police procedure with the action that he took," said Kucirek.After an internal investigation that involved looking at the tape, police say Officer Small was correct in firing at Gregg.Amherst Police say they won't file charges against Gregg. However, they advise others not to interfere in police matters. Police also pointed out that the Erie County Sheriff's Office has a warrant out for Gregg on another unrelated matter.