Vigil for Jose Hernandez-Rossy

Posted at 11:46 PM, May 11, 2017
and last updated 2017-05-11 23:46:11-04

Family and friends of Jose Hernandez-Rossy were visibly upset as they stood at the place where the 26-year-old died Sunday night after being shot by Buffalo Police Officer Justin Tedesco.

Jose's daughter held a sign saying "Justice for my Papi" as tears streamed down the faces of those in attendance.

The question still remains as to if Hernandez-Rossy was armed when he got into a scuffle with police Sunday night on Garfield Street.

The Attorney General's Office is now investigating, as multiple eyewitnesses on scene Sunday say Hernandez-Rossy never displayed a gun before police fired.

A police source tells 7 Eyewitness News Hernandez-Rossy was pulled over for narcotics.

His friend, Melody Cercone who has known him for six years says the father of three did not deserve to die.

"He was a great person. He always talked about his children, he was a family man," she said.

Cercone says she was on her way to see Hernandez-Rossy when he was shot.

A second autopsy could be coming on Hernandez-Rossy, but sources close to the investigation tell me no gunshot residue was found on him.

As for Buffalo Police Officers Joe Acquino and Justin Tedesco, the Buffalo Police Department says Acquino thought he was shot, and Tedesco had every reason to believe his partner was shot so the use of deadly force is justified.