There are “significant questions” over whether a man pulled over for a traffic stop shot a policeman before being killed by the officer’s partner, a prosecutor said Wednesday as state authorities took over the investigation.
Erie County DA John Flynn said Officer Joseph Acquino thought his ear was hit by a bullet during a struggle with Jose Hernandez-Rossy on Sunday. Acquino’s partner then shot Hernandez-Rossy, 26.
The gun he supposedly used hasn’t been found and authorities are no longer sure Acquino was shot at all. “After the course of our investigation over the past 48 hours, significant questions now exist,” Flynn said.
On Tuesday, Attorney General Eric Schneiderman announced it had taken over the investigation under a 2015 state law.