BUFFALO, N.Y. (WKBW) — The city of Buffalo may pay a $4.5 million settlement to the family of Jose Hernandez Rossy, who was shot and killed by a Buffalo police officer in 2017.
The Common Council's Claims Committee is expected to discuss the settlement when it meets at 1 p.m. Wednesday before the matter goes to a full council vote in October.
The case began on May 7, 2017, when Buffalo police officers Justin Tedesco and Joseph Acquino pulled over a vehicle on Garfield Avenue in the Black Rock neighborhood.
What followed, according to a report by the New York State Attorney General's Office, was a "calamitous confluence of events."
The New York Attorney General's report says that during the traffic stop, Acquino saw Hernandez Rossy move his hand toward his pocket. Acquino jumped into the vehicle and felt what he believed to be a weapon and yelled "Gun! Gun!"
WATCH: City of Buffalo to possible pay $4.5M settlement in 2017 fatal police shooting
Hernandez Rossy hit the gas pedal with Acquino partially inside the vehicle. At the same moment, a young boy rode his bike in front of the vehicle, and Acquino grabbed the wheel to avoid hitting the child.
The vehicle crashed into a house, deploying the airbag. Acquino's ear was badly damaged — left partially detached — and he believed he had just been shot. He yelled to his partner: "Justin I'm shot. Help me. Shoot him."
Tedesco and Hernandez Rossy struggled on the ground. When Hernandez Rossy began to run away, Tedesco fired 3 shots. One bullet struck Hernandez Rossy in the arm, but he kept running. He collapsed several blocks away and died.
The AG's investigation revealed that Acquino had not been shot and no gun was ever found. However, the report concluded it was "reasonable for Tedesco to believe that Mister Hernandez Rossy had just committed several serious felonies, including the attempted murder of PO Acquino."
The family subsequently filed a federal civil rights lawsuit.
Hernandez Rossy's cousin, Katherine Garcia, spoke with 7 News following the shooting.
"We need to know the truth and if Jose was unjustifiably killed, as we believe, then there should be consequences," Garcia said.
Police Benevolent Association President John Davidson addressed the case.
"We welcome any scrutiny as long as its fair and these officers were justified and they were cleared of any department charges," Davidson said.
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