Authorities are still investigating last month's shooting of a 12-year-old boy who was hit in the face by a shotgun blast fired by an East Side homeowner after his window had been smashed.
Edward M. Bald, 61, fired the shot out a bedroom window of his Quincy Street home that wounded the now-13-year-old just before noon on Nov. 17.
Erie County District Attorney John J. Flynn said he asked Buffalo police and prosecutors in his office earlier this week for more information that he said he needs before deciding how to proceed.
"The bottom line, quite frankly, is whether or not this man who shot this boy had justification to do it," Flynn told The Buffalo News on Friday.
Bald said he told police someone threw a rock through his window and that he fired a "warning shot" back out through the hole in the glass. He said he didn't realize anyone had been shot until he saw blood in his backyard.
Bald has not been charged.
A small rally was held Friday morning outside the Erie County Courthouse on Delaware Avenue, where Flynn's office is located.
Erie County Legislator Betty Jean Grant, D-Buffalo, helped organize the rally, which she said was aimed at making sure the case doesn't drop from the public eye.
"We just want transparency and we want fairness and justice," Grant said. She said she hadn't heard anything about the status of the case in weeks and was satisfied with what she was told personally by Flynn – that investigators were still working the case.
One of the picketers at the rally held a sign that read, "What if the boy was white and the shooter was black?"
The injured boy, who has not been identified by authorities, suffered extensive injuries. He lost his right eye, had shotgun pellets in his brain, a collapsed lung, a blood clot, brain swelling and damage to his esophagus, his aunt told The News several days after the shooting.
It is unclear whether the boy was vandalizing Bald's house or trying to break in.
The boy who was shot was not alone outside the house. Bald said there was more than one person outside his home; the boy's family said he was there with a friend; Grant said she believes there were three youths outside.
The specific facts about what was happening to Bald's home, as well as the legal standard for the justifiable use of deadly force, will determine whether charges are filed, Flynn said.
Grant said she believes it's not yet fully known what led up to the gunshot.
"Everybody who throws a rock is not trying to break into somebody's house," she said.