According to the sister of Jose Hernandez-Rossy, the family has been notified the Erie County Medical Examiner has ruled the man's death a homicide. Hernandez-Rossy was shot by a Buffalo Police officer following a traffic stop on May 7 and later died.
Hernandez-Rossy's sister, Yaira Hernandez, tells 7 Eyewitness News the medical examiner ruled her brother's death a homicide.
This is only a medical ruling and the legal responsibility behind Hernandez-Rossy's death is still being investigated by the NYS Attorney General's office.
Officers Joseph Acquino and Justin Tedesco pulled over Hernandez-Rossy in Buffalo's Black Rock neighborhood. After a struggle with Hernandez-Rossy, Officer Acquino yelled he had been shot and was bleeding from his ear, according to Police Benevolent Association Attorney Tom Burton.
His partner, Justin Tedesco, saw the injury and fought with Hernandez-Rossy violently, according to Burton, shooting the suspect as he was trying to run from the scene.
Of the medical examiner's ruling, Barton says it came as no surprise.
"The forensic, medical determination that this individual was shot is hardly surprising," he said. "It's a forensic term which has absolutely nothing to do with an unlawful murder or manslaughter or criminally negligent homicide in the penal law. The two things are night and day different."
Buffalo Police Commissioner Daniel Derenda and Mayor Byron Brown have both said Officer Acquino was shot by the suspect, Jose Hernandez-Rossy. So far, no gun has been recovered at the scene.