$2.65M Settlement Reached in Fish & Boat Commission Wrongful Death Case

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Bordas & Bordas has offices in several areas, including Wheeling and Pittsburgh.

WHEELING, WV / PITTSBURGH, PA —A lawsuit involving the 2017 shooting of Sean Bohinski by Pennsylvania Fish and Boat Commission Officer Aaron Lupacchini in Luzerne County has finally come to a conclusion after years of litigation with Bohiniski’s beneficiaries under Pennsylvania Wrongful death law receiving a settlement totaling $2.65 Million.

Bohinski’s mother, Peggy Boucher, served as Administratrix of the Estate and filed the lawsuit in 2019, alleging that Lupacchini violated Fish and Boat Commission policies and used excessive force when he confronted Bohinski near the bank of the Susquehanna River in Luzerne County on October 24, 2017.

Bohinski was near a small fire close to the riverbank that had copper burning in it. Lupacchini questioned Bohinski, pursued him into the river, engaged in a physical altercation with Bohinski, and ultimately shot him three times in the chest, resulting in Bohinski’s immediate death. Bohinski was 37 years old and left behind his mother, 8 children, and his siblings. The District Attorney’s Office did not file any criminal charges against Lupacchini.

Boucher commented, “I knew that it was up to me to fight for justice for my son. I wanted the world to know that he did not deserve to die and that the actions of the officer were not justified or lawful.” Boucher retained the Pittsburgh office of the law firm of Bordas & Bordas, headquartered in Wheeling, WV, to represent her in the case. Attorney Chris McCabe served as the lead litigator and stated “Through the deposition testimony of the individuals involved, including the officer who shot Mr. Bohinski, along with testimony from an expert in law enforcement, police procedures, and use of force, we were able to demonstrate that the officer violated procedures, used excessive force and that the death of Mr. Bohinski never should have occurred.”

The litigation involved numerous depositions of law enforcement personnel. The case ultimately resolved at a settlement conference in the United States District Court of the Middle District of Pennsylvania. The settlement funds were received by Ms. Boucher, as well as Mr. Bohiniski’s children, from the Commonwealth of Pennsylvania on January 6, 2026. Ms. Boucher noted, “This settlement demonstrates that my son should not have died and that his shooting was a wrongful act. It will also let his children know that their dad didn’t deserve this and hopefully will help provide them with assistance toward their goals in life and help them to know that he meant something while on this earth.”

Bordas & Bordas managing partner Jamie Bordas, who negotiated the settlement, reflected on the result, “Litigating a case for close to a decade is challenging, but also rewarding when you are able to see justice done at the end of it. This family wanted to vindicate Sean and show that the actions of the officer were wrong. We are pleased that were able to help them do that and hope that his will not only allow the family to get some closure, but also that it will send a message about what is and what is not appropriate conduct on the part of law enforcement. There are many very good law enforcement officers in our country who we do, and should, support. We need to continue to make sure that they set the standard for how to do the job the right way and that wrongful conduct does not go unchecked.”