NYPD: No evidence yet gunman fired at officers

August 24, 2012 - 7:49 PM

APTOPIX Empire State Building Shooting

New York City police approach the lifeless body of Jeffrey Johnson lying on a sidewalk near the Empire State Building in New York following a shooting Friday, Aug. 24, 2012. Police say 58-year-old Johnson, who was laid off from a nearby shop in 2011, shot a former colleague to death near the iconic skyscraper, then randomly opened fire on people nearby before firing on police. New York City Mayor Michael Bloomberg said some of the victims may have been hit by police bullets as police and the gunman exchanged fire. (AP Photo/Guillermo Ratzlaff)

NEW YORK (AP) — Investigators say the evidence collected so far suggests that a laid off clothing designer who shot a former colleague near the Empire State Building didn't fire at police.

The gunman was shot by police, and nine bystanders were wounded.

One witness tells police that Jeffrey Johnson fired at officers, but authorities say ballistics evidence so far doesn't support that.

They say Johnson's .45-caliber weapon held seven rounds. He fired five times at Steven Ercolino, killing him. One round was still in the gun, and one was ejected when officers secured it.

The nine bystanders hit by gunfire when police took down Johnson are expected to survive. They suffered graze wounds or other minor injuries.