BUFFALO, N.Y. — The New York State Attorney General's office will control the investigation, not the local District Attorney's office. This policy was put in place because district attorney's office deals with local police on a daily basis.
In the latest case involving the death of Edward Holmes, 58, Buffalo Police released body camera video from the officers at the scene who fired shots at Holmes, ultimately killing him.
Buffalo defense attorney Barry Covert, serving as a legal analyst for Two On Your Side, said the AG's investigation will "interview any pedestrians that observed what occurred, collect all the physical evidence, shells and the 911 call that apparently was involved here."
They will also "look for any local cameras that were at homes, businesses, street cams and pole cameras," Covert said.
Buffalo police have confirmed that it was Holmes who called 911 and described himself as a man with a gun in the middle of Reed Street.
Covert said regardless of who made the 911 call, "if indeed he made it himself, the individual who was shot and tragically killed, it really would not have much of a bearing overall because if when the police arrived, he discharged a shotgun, and remember a shotgun has a very wide area that the casing is going to expand to, it's very dangerous and you can expect that the officers would reply as part of their self-defense."
In Covert's opinion, this case appears to be legitimate self-defense.
"Because the officers arrived and he apparently discharged his weapon before they responded, it's a very unfortunate, tragic situation, but it's hard to believe that the officers would have any culpability here," according to Covert.