Police say security from the Wegmans on Amherst Street reported a shoplifter at 11:20 p.m. An on-duty lieutenant who happened to be in the store was informed the suspect had ran.

Approximately eight minutes later, officers located the suspect, 47-year-old Marcus Neal, across the street. They chased Neal on foot to Gladstone Street. Police said Neal ran into a yard and climbed up onto a flat-roof garage. Multiple officers pursued him up there. According to police, once up there, he produced a knife but refused multiple requests to drop it. They claim that Neal then charged the officers with the knife, and one of the officers opened fire, striking him.

Neal’s family disputes the conclusion that nothing could have been done to spare his life and questions whether the events of that freezing night unfolded exactly as police have said.

Neal was transported to Erie County Medical Center and immediately put into surgery. He later died from his injuries.

Outcome

Because of the presence of an alleged knife, Neal’s death was not investigated by the New York State Attorney General, which, under Executive Order No. 147 acts as a special prosecutor in deaths of unarmed citizens by police.

The Erie County District Attorney’s Office did investigate. Erie County District Attorney John Flynn said that the shooting was justified. No charges were filed against the officer.