Ballistics tests show the man accused of shooting and killing a bystander in Crown Heights, Brooklyn could not have done so.
Witnesses said LeRoy Webster shot and killed Denise Gay while she was sitting outside her home Monday night, but according to police, a bullet removed from the victim did not match his gun.
It is not clear whether the fatal bullet came from a police weapon or some other gun.
The shootout erupted near the route for the West Indian Day Parade.
Investigators said Webster shot and killed Eusi Johnson after the two were fighting.
Police Commissioner Ray Kelly told reporters Wednesday, "What happened is, in my judgment, not having seen the film, the fact that the individual shot at police, clearly shot at police, was hit, stopped shooting, and then several seconds laying on the ground, then picked up the gun and started shooting again, that brought a second volley of shots."
Webster was shot by police and remained hospitalized on Wednesday.
Two police officers wounded in the exchange were recovering as of Wednesday.