The Town of Montgomery Police officer who fired at a suspect who shot and wounded Police Chief Arnold Amthor in May has been cleared of wrongdoing.
Both an Orange County grand jury and District Attorney David Hoovler have concluded in separate investigations that the Montgomery Town Police officer who fired several rounds at a man before the suspect took his own life was warranted in taking that action since he was fired upon first.
The grand jury filed a “no bill,” ending its investigation and ensuring that no state criminal charges would be filed against the police officers involved.
On May 16, police officers from both the Town of Montgomery and Village of Maybrook Police Departments responded to third floor apartment of 812 Abbey Avenue, in the Village of Maybrook, the residence of Anthony Bostick, 28. Police said Bostick was wanted on misdemeanor charges related to a domestic incident that had been reported by his girlfriend earlier that morning. Information released by the District Attorney’s office indicated that the girlfriend had also reported that Bostick may have been entertaining suicidal thoughts.
According to the police report, when officers knocked on the door, Bostick refused to open the door, or surrender to police on misdemeanor charges. Police officers continued to talk to Bostick while they obtained an arrest warrant. Even after Bostick was informed that an arrest warrant had been issued, the report indicates, he refused to open the door. When officers attempted to enter, they discovered that in addition to the door being locked, objects had been placed behind the door to barricade it.
The police officer who initially entered the apartment was wearing a body-worn camera. Recordings from the camera indicate that Bostick refused repeated orders to surrender, and fired a pistol at the police, striking Amthor on the left shoulder, before one police officer returned fire. Approximately nine seconds after the last shot was fired by police, another shot is heard coming from the room that Bostick had been firing from, leading the police officers in the apartment to believe that he may have killed himself. Police retreated from the apartment until additional police resources could be brought to the scene.
Officers left the apartment and established a containment perimeter around the house.
The entire incident from the time the officers entered the apartment until they left, was captured on a body camera worn by the officer who returned fire.
Police sent in a robot six hours later to determine there was no threat inside. Bostick was found dead, apparently from a single gunshot wound to the head. A loaded and operable semi-automatic pistol was recovered near his body.
An autopsy conducted by the Orange County Medical Examiner’s Office concluded Bostick had died of a single self-inflicted gunshot to his left temple. He was left-handed. Toxicology results indicated he had smoked marijuana recently.
Amthor, meanwhile, reently had surgery to remove the bullet and is now back to work
Hoovler said after reviewing all of the facts and circumstances involving the police shooting, including interviews of witnesses and police officers, and a review of the available evidence, it is his conclusion that the police officers’ actions in this case were justified under state penal law.