Family of Buffalo man killed in fatal police shooting files lawsuit against city, officers

CONTRIBUTED PHOTO Jose Hernandez-Rossy is pictured.

BUFFALO, N.Y. (WIVB) – The family of Jose Hernandez-Rossy, who was shot and later died in an incident with Buffalo Police this May, are filing a lawsuit against the City of Buffalo and Buffalo Police officers Justin Tedesco and Joseph Acquino, as well as police commissioner Daniel Derenda.

In an 11-page document, the family alleges that Hernandez-Rossy was “unarmed and posing no threat to anyone” on May 7 when his vehicle was unlawfully stopped by officers Tedesco and Acquino, who drove into it, causing Hernandez-Rossy’s vehicle to come to an “abrupt stop” on Garfield Street.

The suit also alleges that Tedesco and Acquino were known by Hernandez-Rossy, and that they forcefully entered the driver’s door without justification.

Tedesco and Acquino “placed the decedent in imminent fear for his life, health, and safety”, causing him to drive away. The suit then alleges that Acquino physically entered the driver’s side grabbing the steering wheel, causing the vehicle to go out of control and crash into a building.

The suit alleges that the officers then grabbed Hernandez-Rossy out of the vehicle and pistol-whipped him on the sidewalk. It states that when Hernandez-Rossy got up off the ground and attempted to run, when Tedesco fired shots at him, striking him in the back.

Hernandez-Rossy’s mother is seeking an unspecified amount of damages.

His death was ruled a homicide by the Erie County Medical Examiner’s Office earlier this year.

Tom Burton, an attorney for the Buffalo Police Benevolent Association, said that the shooting was clearly justified under New York State Law.

“It’s important to realize if this drug dealer hadn’t panicked, we wouldn’t be having this conversation,” Burton said.

A representative for the city said that the city does not comment on pending litigation.

News 4 has reached out to the attorney for Hernandez-Rossy’s family and is waiting for a response. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

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