Flynn would not comment on what Tedesco thought or knew when he shot Hernandez-Rossy.

Flynn held his news conference one day after the state Attorney General's Office announced it was taking over from the district attorney the investigation into the fatal shooting of Hernandez-Rossy. The state Attorney General's Office is responsible for investigating the deaths of people at the hands of law enforcement officers when the deceased was unarmed or there is significant question about whether they were armed.

"We just want justice for our brother. And the truth should come out," said Algarin, a Buffalo resident. "We know in our hearts that he would never shoot a cop. He got killed. And now they want to bring in his past and make it seem like he's a really bad person. But he was a human being with three children."

Thomas H. Burton, Tedesco's attorney, said Wednesday that while Tedesco did not see Hernandez-Rossy with a gun, deadly force was, nonetheless, justified.