Erie County DA says Buffalo police officers lacked "common sense" in March police chase

BUFFALO, N.Y. -- The suspect in a police chase that resulted in three Buffalo police officers being shot was arraigned in this court morning and charged with five counts of attempted murder in the second degree.

District Attorney John Flynn was critical of the conduct by some of the responding officers, whom he said were responsible for two of three police gunshot wounds.

“There is no penal law violation that articulates common sense so I cannot charge any Buffalo Police officer with a violation of common sense,” said Flynn.

“Mr. Bell’s conduct was scrutinized, and the conduct of Buffalo police officers was also scrutinized.”

On March 29th around 6 p.m., 28-year-old Kente Bell was pulled over on West Ferry Street for tinted windows. Upon running his plates, two Buffalo police officers told him he was unlawfully driving with a suspended license.

At that point, Flynn says Bell took off and a female passenger exited his car while it was in motion.

“She was picked up by a police vehicle and kept in the back of the police vehicle throughout the entire joy ride. That probably wasn’t common sense,” he said.

Flynn says there were several other actions by police that lacked common sense, including an officer who fired his gun through the windshield, resulting in a bullet fragment bouncing back and hitting him in his vest.

“There was no injury. The particle hit his vest and fell right down but that probably wasn’t the best thing to do.”

The DA says more than 20 officers pursued Bell as he drove across the city while firing at officers, and officers firing back. Eventually Bell crashed his car at Fillmore and East Ferry, where most of the fire fight with police ensued.

Throughout the 20-minute chase and shootout, Bell fired approximately 14 shots, and one bullet injured an officer.

Flynn says 16 officers fired too many shots to count, and two of those bullets injured two of the officers.

“Those police officers came flying through the City of Buffalo like a bat out of hell,” said East Side resident Tracey Houston.

“There were kids out that day,” said another resident, Anne Marie.

“There couldn’t be any other way that they could have stopped him?”

Anne Marie, who lives near the scene where the chase ended, was in her home with her grandkids at the time.

“We hit the floor when the shots came. I don’t know where they were coming from or whatever, but we hit the floor.”

When asked if she was surprised most of the shots were by police, she said, “Yes. I definitely was. To me there is no excuse for it.”

In a statement, Buffalo Police Commissioner Joseph Gramaglia said the officers involved have been cleared of criminal wrongdoing, and the department expects to release body camera video by the end of week.

When asked what Houston thinks of the officers cleared of criminal wrongdoing, she said, “Typical.”

“It’s amazing no one else was hurt,” said Flynn.

“Amazing there were no car accidents.”

If found guilty of the five counts of attempted murder, Bell faces a maximum sentence of 40 years to life in prison.