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Family and friends question BPD's use of deadly force

Buffalo Police say an officer shot and killed a man who had a gun because he posed a threat to officer safety. But family and friends say police went too far.

BUFFALO, N.Y - Three prayer candles were laid out in the parking lot of the newly renovated P.S. 77 on Plymouth Avenue, Wednesday afternoon.

Family and friends say they put them there for 32 year-old Rafael Rivera, who was shot and killed by a police officer on that spot, at about three in the morning. Family identifies him as, "Pito."

MORE: Buffalo man dead following overnight officer-involved shooting

They admit there is a lot of pain and confusion in the community, over how and why it happened.

"It's really hard because we don't know what's going on," said Rivera's relative, Amy Gonzalez. "People are saying this, people are saying that."

2 On Your Side took their questions to Buffalo Police. During their afternoon press conference to update reporters on the investigation, Deputy Police Commissioner Joseph Gramaglia said police responded to the area of Plymouth and Massachusetts to investigate a report of a man with a gun.

They found Rivera and chased him about a block to the parking lot.

While family and friends believe he was shot while running away, police say Rivera came face to face with the officers. One of the officers reportedly fired on Rivera when he wouldn't put down his gun.

Gonzalez says she doesn't believe that Rivera confronted police, "He wasn't a bad kid. That's why it's shocking to everybody and that's why everybody's so mad."

2 On Your Side's Emily Lampa asked Gramaglia if it was absolutely necessary for the officer to use deadly force. This was the Deputy Commissioner's answer: "This was a situation where the suspect had a deadly weapon...a loaded handgun. And the situation, and how you address that situation, is dictated more often by the suspects...what they do. So, unfortunately, he had this gun in his hand...posed a threat to the officer and unfortunately the officer very tragically had to discharge his weapon and end the threat."

While investigators say Rivera was holding the gun in his hand, Gramaglia says it doesn't appear that he fired his gun, "Officers are reviewing video and that will come out as part of the investigation."

Buffalo Police say they have the handgun Rivera had in his possession.

On Thursday, Two On Your Side's Steve Brown learned Rivera was carrying a "fully loaded" S&W 9mm handgun when he was shot.

***NEW***

2 On-Your-Side has learned 32yo Raphael Rivera was carrying a "fully loaded" S&W 9mm handgun when he was shot by a Buffalo Police officer (may be similar to picture below). Weapon was in Rivera's hand when he was shot. @WGRZ pic.twitter.com/l7yi4mJJFa

— Steve Brown (@WGRZ_SteveBrown) September 13, 2018

Gramaglia would not say if that video is dash camera or surveillance camera video from around the area.

Family and friends tell 2 On Your Side they also want to see body cam video, but Gramaglia says they no longer use them.

Two BPD officers were checked out at ECMC after the incident. We're told neither were shot, but one was treated for injuries. Gramaglia wouldn't say exactly what those injuries were.

The officer who shot and killed Rivera has been with the Buffalo Police Department for 2 years and is now on administrative leave while the investigation develops.

PUSH Buffalo and partners released a statement in response to the shooting:

"As partners in the former School #77, PUSH Buffalo, Peace of the City, and Ujima Co., Inc., awoke to news this morning that a member of our community was involved in a fatal shooting with Buffalo police on the 400 block of Plymouth Avenue. News reports have indicated that police officers fired the fatal shots. As a social justice organization with deep roots in the West Side community, we believe this kind of police violence is wholly unwarranted and in this instance has resulted in a loss of life that will have incalculable consequences for families, neighbors, community members, and relations with local law enforcement. As we await further information we stand in solidarity with our community and all of those affected by this tragic loss. We are fully committed to working with our community to continue building pathways towards collective healing and transformative justice. We demand cooperation and accountability from the police. And we demand justice for the individual who was gunned down. This incident has directly impacted several community members who currently work for or serve our organizations in different capacities.

“We do the work we do because of what’s happening in our community. We need more than candlelight vigils. We need to be proactive, take a stand, and force our elected officials to hold police accountable. This is the third fatal police involved shooting in recent years to have happened on the West Side,” said Brenda Miller, Lead Community Organizer at PUSH Buffalo.

“Police are trained one way and then when incidents like this occur they demonstrate an ability to act in other ways with little to no respect for people in our communities. The victim was my cousin. He was family. He was like a son to me,” said Annie Morivivi, PUSH Buffalo Board member.

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