HEAR Suspect's Attorney In Police Shooting

Nelson Torre Wants Autopsy Results; Has Other Questions

Richard Root
May 09, 2017 - 6:01 am

WBEN Photo - BPD works into the night investigating

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Friends and family of Jose Hernandez-Rossy gathered for a vigil last night on Germain Street in Buffalo's Black Rock neighborhood as his attorney begins to question the police's account of how he died.

Hernandez-Rossy, 26, is the man shot and killed by Buffalo Police during a traffic stop on Sunday after police say he opened fire, hitting Officer Joseph Acquino in  the head. 

Related Coverage: Police Shooting Update Monday PM | Buffalo Police Officer Shot, Suspect Killed

The family's attorney, Nelson Torre, said they're going conduct their own investigation into what happened.

"We're going to seek to obtain the autopsy, have an independent review if the findings are in any way questionable," Torres said adding that family members had not yet seen Hernandez-Rossy's body. 

Torre said eyewitnesses claim Hernandez-Rossy did not have a gun in his possession after fleeing the scene.

Exclusive WBEN Audio- On The WBEN Liveline: Nelson Torre 

Family and friends describe Jose Hernandez-Rossy as a good person and good father.  They said Hernandez-Rossy may have had a spotty past, but he didn't deserve to die.

His cousin, Christian Izizarry, told Channel 4 the whole incident doesn't make sense.

"We just want the truth, you know the truth in all this story," Izizarry said,"'cause there's a lot of thing that don't match the police report."

These questions come in the face of reports that Hernandez-Rossy had a lengthy criminal record.  Family and friends at the vigil confirmed he had been caught selling drugs, and he also accidentally shot himself early last June. 

Sources have told The Buffalo News Hernandez-Rossy had been involved in several high-speed police chases, which include incidents where he allegedly was stopped and then took off.  Those sources say he was also arrested after being accused of domestic violence.

Hernandez-Rossy was sentenced to 5 years probation in 2010 for attempted burglary, but then spent six months in jail for violating that probation.

There was also a harassment charge pending in Buffalo City Court.

At a press conference yesterday, officials gave an update on Buffalo Police Officer Joseph Acquino's condition, saying he's doing well.  Reports are that his ear was successfully reattached.

Officials would not comment on the search for the gun Hernandez-Rossy allegedly used to shoot Acquino. There is also a report that it was Officer Justin Tedesco who shot Hernandez-Rossy.  

The state Attorney General's Office is reviewing the case to see whether they should become involved.

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