Buffalo police cleared in fatal shooting

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Daniela Porat provided analysis for WGRZ on a report released Thursday by the state attorney general on the fatal shooting of Jose Hernandez-Rossy by Buffalo police last May.

The report concluded that police had legal justification to use deadly force as Hernandez-Rossy fled police because they believed – mistakenly – that he had a gun and had shot one of the officers in the ear. The officer’s injuries were caused, in fact, by the impact of an airbag in Hernandez-Rossy’s vehicle.

Hernandez-Rossy’s family has filed a wrongful death lawsuit against the City of Buffalo.

The investigation is the second time in the past year that Buffalo police have been investigated by the attorney general for an in-custody death. In December, the AG declined to prosecute Buffalo police in the case of Wardel Davis, who died from an asthma attack during an encounter with the police.