Erie County District Attorney John Flynn said the Buffalo police officer who fatally shot Rafael “Pito” Rivera will not be prosecuted.

According to Investigative Post:

Rivera’s family has served a notice of claim, in anticipation of a wrongful death lawsuit against the city and police department. In addition, the family’s attorney said he plans to ask the state Attorney General to open an investigation.

Flynn emphasized the shooting of Rivera was justified, and not like other police shootings in the U.S. in which officers have improperly used deadly force.

Steve Cohen, the family’s attorney, sees the video differently.

He sees “a man gunned down without just cause,” and emphasized that Rivera was fired on as he was running away from the officer. He disputes that Rivera turned towards the officer before he was shot, or that he pointed a weapon at the officer.