BUFFALO, N.Y. -- Attorney Tom Burton says officers Joseph Acquino and Justin Tedesco have both given statements on the May 7 incident that left 26-year-old Jose Hernandez-Rossy dead.

He says Tedesco has also been interviewed by high level prosecutors from the State Attorney General's Office.

Burton says Hernandez-Rossy pulled Acquino into his vehicle during a traffic stop and slammed on the gas before the car hit a house, and that his ear was seriously injured in the incident.

He says Acquino believed he had been shot.

"When Tedesco saw his partner with his ear hanging down and screaming 'I've been shot, help me, I've been shot,' words to that effect, it created clear probable cause or reasonable belief under New York Law that a deadly force situation had occurred and Officer Tedesco acted accordingly," Burton said.

No gun has been recovered in the case.

According to a source familiar with the case, doubt over whether Hernandez-Rossy had a gun led State Attorney General's Office to take over the investigation last week.

Legal analyst John Elmore says he believes that is for the best.

"Any time there's a police shooting, there's an inherent conflict between police and the District Attorney's Office because the District Attorney relies on police officers to be witnesses in cases where they've made an arrest," Elmore said.

Elmore agrees with Burton that this case will hinge on whether Tedesco had a reasonable belief that deadly physical force was being used against Acquino before he shot Hernandez-Rossy.

He adds that incidents like this point to the need for body cameras.

If that officer belief is reasonable, then the shooting is justified or the use of deadly physical force is justified.

“Certainly, a body camera will capture what the police officer saw, and would be strong evidence to what his state of mind is at the time he pulled the trigger,” Elmore said.

Last week, Buffalo Police Lieutenant Jeff Rinaldo said the department will shortly launch a 60-90 day pilot program for body cams to determine which vendor and equipment is best.

The goal is to eventually outfit every officer.