BUFFALO, NY - The New York State Attorney General’s Special Investigation and Prosecution Unit has opened an investigation into the death of Jose Hernandez-Rossy, 26, who was shot and killed by a Buffalo police officer on Sunday.
According to a statement from the Attorney General’s Press Secretary Amy Spitalnick, “pursuant to the Attorney General’s authority under Executive Order No. 147, we’re committed to conducting an independent, comprehensive, and fair investigation.”
The Executive Order, signed by Gov. Andrew Cuomo in 2015, authorizes the Attorney General’s office to investigate deaths which occur as a result of police encounters, where the decedent is either unarmed, or whether there are significant questions as to whether they were armed.
A source familiar with the Attorney General’s investigation says this particular probe arises as a result of numerous civilian witnesses who have claimed that Hernandez-Rossy was not armed when he clashed with police after a traffic stop, and because police have thus far not recovered a gun despite more than two days of searching the neighborhood where the encounter occurred.
According to Buffalo Police, Hernandez-Rossy fired on Officer Joseph Aquino during a struggle, shooting Acquino in the ear. Acquino’s partner, Officer Justin Tedesco, then fired on Hernandez-Rossy who died as a result, according to police. 

Buffalo Police say they will, "continue to fully cooperate with the investigation by the State Attorney General's office." They also ask that anyone with information contact authorities.