Cheektowaga police did not use excessive force when tasering a teen suspected of shoplifting at Walden Galleria in December, according to Erie County District Attorney Frank A. Sedita III.
Sedita said his office interviewed police officers at the scene and watched mall video during its investigation into the arrest of Anthony Rose, 20, of Cheektowaga, on obstruction, harassment, disorderly conduct and drug possession charges.
Cheektowaga police said Rose and Ajah Brown, 20, became unruly and fought with officers who stopped them in the mall.
"From my own conversation with witnesses there, we don't see it that way, but we'll get to that point at a later date," said Scott M. Schwartz, Rose's attorney.
Rose denied fighting with officers and accused the police department of excessive force. He has filed a notice of claim against the department.
Mall officials later said Rose and Brown were not the suspected shoplifters.
Rose still stands charged with disorderly conduct, Sedita said.
"[We're looking for] a [result] that is most agreeable to all parties, and if we can't do that, then there will be a trial," Sedita said.