Police say 43-year-old Wardell Johnson, was fatally shot in a scuffle with Pelham Manor police in the Baychester section of the Bronx.
A Pelham Manor police officer chased Johnson, who was riding on a Yamaha ATV, into the Bronx.
Pelham Manor police say the suspect bought the ATV in Connecticut and was driving it back to the Bronx. Police in more than one town got several complaints about the ATV being driven on the roadways.
Johnson was with his two sons when he was spotted by police.
The Pelham Manor police chase entered the Bronx, where the ATV ran out of gas and Johnson fled on foot.
In the backyard of an Edson Avenue home, the officer attempted to take Johnson into custody and an altercation ensued.
Police believe Johnson grabbed for the officers weapon, and the officer responded by shooting Johnson twice. He was pronounced dead at the scene.
The officer was taken to Jacobi Hospital to be checked out.
The officer's expandable baton, Mace can and a magazine cartridge from his weapon were found scattered at the scene. The officer's radio was on the roof of an adjacent building.
The family's lawyer is questioning the officer's tactics.
Johnson had a long criminal record with 30 arrests and five prison stints, including four for aggravated unlicensed operation of a vehicle.
Police say he drove the unregistered ATV all the way from Connecticut after buying it in Stamford, but the group 100 Blacks in Law Enforcement says there's no way the officer knew that at the time.