No Charges Filed in Accidental Shooting at Officer’s Home After Night of Drinking

This article was based on reporting by The Buffalo News.

An off-duty Buffalo Police Officer will not face criminal charges after his firearm discharged during a night of drinking and wounded a woman at a fellow officer’s home, according to law enforcement. Authorities concluded the shooting, which took place at the Lancaster residence of then-Lancaster Police Officer John LaPiana, was accidental.

The incident occurred in the early hours of June 11th when a 22-year-old woman was shot in the leg while seated near Dante LaMarti, a 26-year-old probationary officer with the Buffalo Police Department.

Lancaster Police recently completed an 11-page investigation into the matter, attributing a significant role to alcohol in the events leading up to the shooting.

The report, which was obtained by The Buffalo News through a Freedom of Information Law request, details the hours-long series of events involving LaMarti, LaPiana, and the woman, beginning in the evening hours of June 10th.

According to LaPiana, he picked up LaMarti from his South Buffalo home around 8pm. The two then returned to LaPiana’s house in Lancaster where they drank alcohol before heading out to several bars. At LaPiana’s home, LaMarti was reportedly carrying a 9mm Springfield Hellcat, not his service weapon.

The group’s first stop was the Transit Lounge on Transit Road where LaPiana told police he consumed six drinks. They later went to Cole’s on Elmwood Avenue in Buffalo where LaPiana said he had three more drinks. The final bar they visited was Crabapples on Genesee Street in Cheektowaga where they met the woman who was later injured.

At Crabapples, the woman told police all three had “multiple mixed drinks” and “at least one shot of liquor.” She also claimed that when she offered to call a ride-hailing service, LaPiana dismissed the idea. According to the woman’s statement, LaPiana said “he’s a cop and can’t get in trouble.” LaPiana’s attorney has denied this claim.

Around 3:15am, they returned to LaPiana’s house. At approximately 4:45am, LaPiana and LaMarti shared a shot of tequila on the couch. Moments later, LaMarti stood up, and a gunshot rang out.

LaPiana said he heard “a loud bang” and realized a firearm had been discharged. The bullet pierced the woman’s phone and apparently initiated a call to one of her friends, who received a four-minute voicemail capturing the immediate aftermath.

LaPiana’s father, Paul, who was upstairs sleeping, rushed down after hearing the noise. He then drove the group to Mercy Hospital. The shooting happened around 5am and Lancaster police were informed about it by Buffalo Police at about 5:48am.

At the hospital, LaMarti initially gave personal details to Lancaster police, but then said, “I don’t know what happened,” and refused to answer further questions. A Lancaster lieutenant was later informed by a Buffalo Police lieutenant that LaMarti was declining to speak with them.

The woman was transferred to Erie County Medical Center for additional treatment and released the same day.

Investigators recovered LaMarti’s handgun from LaPiana’s home. Although the investigation could not determine precisely what LaMarti was doing with the gun at the time it fired, authorities concluded there was no intent to harm.

LaMarti has not cooperated with the investigation, and police, along with the Erie County District Attorney’s Office, were unsuccessful in arranging an interview with him. His actions are still under review by the Buffalo Police Department.

John LaPiana, on the other hand, cooperated with investigators. His phone was searched but found to contain “nothing of evidentiary value.” His attorney, Frank LoTempio III, praised his client’s response following the shooting: “He really took command of the situation that he didn’t cause.”

Police attempted to question LaPiana the following day, but he invoked his right to legal counsel. He later resigned from the Lancaster Police Department, which was accepted by the Lancaster Town Board on July 7th.

Lancaster Police Captain Jeffrey Smith confirmed that internal disciplinary charges against LaPiana were being considered prior to his resignation. Smith also noted that Paul LaPiana initially told responding officers there had been no shots fired, though police do not believe he was deliberately misleading but rather not immediately forthcoming.

As of late last week, the Buffalo Police Benevolent Association had not been informed of an internal investigation into LaMarti, according to union president John Davidson.

This article was based on reporting by The Buffalo News.

No Charges Filed in Accidental Shooting at Officer’s Home After Night of Drinking