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NY Attorney General To Investigate Off-Duty Cop's Deadly Road Rage Shooting In Brooklyn

NEW YORK (CBSNewYork/AP) -- New York's attorney general is investigating an off-duty NYPD officer's fatal shooting of a man he said attacked him in a case of road rage in Brooklyn.

Family members said 37-year-old Delrawn Small was with with his girlfriend and children celebrating the Fourth of July holiday when they stopped at a friend's barber shop on Atlantic Avenue.

At some point just after midnight Monday, police said Small and the officer, who was driving his personal vehicle, were involved in a traffic dispute.

When both cars stopped at a red light, police said Small got out of his vehicle and punched the officer repeatedly in the head through an open window.

That's when police said the cop pulled out his service weapon and shot three times, killing Small. The officer, who has not yet been identified, was treated for bumps and bruises to the face and head at Jamaica Hospital.

Police Commissioner Bill Bratton said Monday afternoon that the cop had just finished a shift and was likely headed home at the time of the incident.

"It's much, much too early to draw any conclusions at this time," Bratton said. "It is a protocol that our Force Investigation Division will do a very comprehensive initial investigation. We're gathering a lot of video from the area, cameras that we were able to identify. We have talked with the officer."

Small's family held a news conference later Monday demanding a full investigation.

"His wife was in the car with him. His two kids were there," said Victor Dempsey, the victim's brother. "They were going to see fireworks up by whatever park is in the neighborhood."

"He could have rolled up his window, he could have driven away. He did not have to shoot him," their lawyer, Roger Wareham, said.

Small's friend named Keith said the officer was "out of control."

"My brother was a loving, kind father. He was out here working trying to provide for his family and he was killed in front of his family by a cop out here out of control," he said.

Now, a memorial honoring Delrawn Small stands outside the home he shared with his family.

"It hurts to see him going so far and doing so much to just get stopped dead in your tracks. Literally," Dempsey said.

The attorney general's office says they've issued a search warrant for the officer's car and the Special Investigations and Prosecutions unit will be leading the state investigation.

The attorney general is authorized to investigate police shootings when the person killed is unarmed.

CBS2 reached out to the Patrolmen's Benevolent Association for comment on behalf of the officer, but they declined.

(TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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