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Martin Rosen, the attorney who represents Stephen Boyd in civil matters, said he was told by prosecutors that following an autopsy Gabriella's death has been ruled a homicide.
"I have not seen the autopsy, but I will talk with Stephen after he has time to review the findings," Rosen said.
Helen Jonsen, the public information officer for the Westchester County District Attorney's Office, could not confirm the findings but did say the autopsy was complete and had been provided to the father.
"It's up to the family whether the autopsy findings will be made public," she said.
Gabriella was found dead on April 28 after Mamaroneck police responded to a 911 call at her mother's home.
When officers attempted to aid the child, her mother, Cynthia Arce, stabbed two officers after a taser could not stop her attack and she was shot by another officer, police said.
Officer Osvaldo Ramos sustained a large laceration to his left hand and Officer Joseph Gaglione, who had fallen to the floor, sustained a wound to his foot, authorities said.
She was later charged with two counts of attempted murder of a police officer.
Stephen Boyd has since filed a motion of intent to sue the village after police refused to enforce an order to remove the child from the home the day before she was killed.
Boyd went to police headquarters and called the police department twice on April 28 in an attempt to get his daughter, without success. A few hours later, she was dead.
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