Speculation Continues as Black Rock Shooting Investigation Begins

Suspect's Weapon, Officer's Injury Both Questioned


Buffalo, NY (WBEN) - As the State Attorney General begins their investigation, questions continue to surround Sunday's officer involved shooting in Buffalo's Black Rock neighborhood.

Perhaps none are more pressing than whether or not Jose Hernandez-Rossy, the suspect who was shot and killed, was armed with a weapon. If not, how did police officer Joseph Acquino acquire his injury?

On WBEN earlier this week, Rossy family attorney Nelson Torre expressed doubts that Hernandez-Rossy was carrying a weapon. 

"The witnesses didn't see a gun in his hand," Torre said. "Those are the facts that I have in terms of what occurred. Those who were present did not see a gun in his hand. They did not hear a third shot. They heard the officer fire two shots."

Buffalo Police have still not announced whether or not they have found a weapon that would have belonged to Rossy. Police Benevolent Association Attorney Tom Burton said that's still being investigated.

"That's still under review," Burton told WBEN. "Out of deference to the process and people who are going to be looking at this case, I can comment on it but I respectfully decline to."

If Rossy was not in possession of a weapon, how would Officer Acquino have sustained the injury to his ear?

That has been the subject of speculation well before the facts are known.

"I've heard a couple different things," said former Buffalo Police officer and current firearms instructor Miguel Rivera. "Someone said the ear was pulled off. You've got to be a really strong individual to pull half of an ear off of somebody's head. Somebody else said maybe it was an airbag because he did hit the front of the building

"There's not enough information, there's just not enough out there. We could do this all day long."

Rivera said that he's waiting to hear more from investigators, which could take time. There has been no comment from the Attorney General's Office on whether or not Rossy was armed, or exactly how officer Joseph Acquino sustained his injury.

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