BUFFALO, N.Y. -- Erie County District Attorney John Flynn announced Monday morning that there will be no charges filed against the Buffalo Police officer who shot and killed a man on Plymouth Avenue earlier this year.
That's the result of a nearly three month investigation into the shooting of Rafael "Pito" Rivera in the early morning hours of September 12, 2018.
Flynn says the investigation took so long because his office didn't have the full toxicology report until last week. That report found cocaine, marijuana, alcohol and other substances in Rivera's body at the time of his death.
The investigation included statements from several officers at the scene and a handful of witnesses. A loaded gun found at the scene was also tested thoroughly by the DA's office. Only Rivera's DNA was found on that gun, according to Flynn.
Investigators say officer Elmur Karadzhayev fired six shots at Rivera while responding to reports of a man with a gun in the area of Plymouth Ave. and Massachusetts Ave. Three of those shots hit Rivera: one through his chest, one grazed his forehead, and a third shot hit him in the back.
Police say Rivera refused to put down a gun before he was shot by police. Friends and family deny those claims.
Rivera's family recently filed a notice of claim against the police department, citing negligence in the use of force, among other claims.