ROCHESTER, N.Y. -- It's frustrating for my family, especially my dad, who already lost a son,” said Michael Davis Senior.
Davis said he’s still struggling with the loss of his brother, Richard Gregory Davis, who died Maafter being shocked by a taser May 31 by Rochester police officers on Tremont Street.
"If he walked out of the truck on his own two legs after he hit the ground and was dead, it was caused by the taser. I would rather him be in a cell than dead"
Police said Davis did not obey their orders to stop after a number of hit-and-run crashes on Tremont Street. That's when investigators say he was shocked by a police taser used by Officer Thomas Frye.
"Thank God no one else was hurt. He ran into a porch and into a fence and lost his life for doing that."
An investigation into the death is still ongoing, but Davis questions whether the investigation will be handled fairly.
"I think they all play on the same team. That’s what I feel and it's been proven time and time again. Right is right and wrong is wrong."
Still, he supports Governor Andrew Cuomo's appointment of New York State Attorney General Eric Schneiderman to serve as special prosecutor in police-involved deaths.
Rochester City Council President Loretta Scott said it's fitting that the Attorney General steps in in, similar cases.
"The DA and police work together regularly and that's necessary so those relationship are formed and they do good work; however, in consideration of that, there's a question of whether they can separate themselves when there is a police officer involved."
Schneiderman's appointment is temporary and expected to last one year until the state lawmakers can determine to handle such cases moving forward.
"I think it will be significant in the first step or lack thereof that the community has with the criminal justice system when the police is involved and the district attorney has to prosecute them. "
How this could impact police involved investigation in Monroe County is still uncertain at this time. District Attorney Sandra Doorley said she's in contact with State's District Attorney Association as they move forward.