Pace student’s kin file wrongful death lawsuit

Pace student’s kin file wrongful death lawsuit

Photo by Steven Senne
By Marie Szaniszlo and Laura Crimaldi  |   Thursday, April 21, 2011  |  http://www.bostonherald.com  |  Local Coverage

The Easton family of a slain Pace University football player said a wrongful death suit filed yesterday in federal court, accusing a New York police officer of “reckless disregard for human life” in his shooting, is intended to force the release of information on the case.

The lawsuit claims Pleasantville Police officer Aaron Hess violated Danroy “D.J.” Henry Jr.’s civil rights when Henry was shot outside a local bar.

“The one thing we want most, we can’t have,” Danroy Henry Sr. told the Herald yesterday. “We will never have our son back. But this gives us subpoena power to gain access to information we have been denied.”

The family is seeking Hess’ testimony about the shooting, his personnel file, 911 recordings and video from businesses at the scene the night of the shooting, he said.

The suit, which also names the village of Pleasantville as a defendant, seeks unspecified compensatory and punitive damages.

Henry, a junior at Pace, was leaving a homecoming game celebration at the bar Oct. 17, when he was shot.

Neither Hess nor Village Administrator Patricia Dwyer could be reached yesterday for comment.

Authorities said Henry, 20, was fatally shot when he ignored police instructions to stop his vehicle and headed directly at Hess, forcing him onto the hood. The officer fired four shots to protect himself, police said, before he was thrown to the ground.

But several witnesses disputed that account, saying Henry drove away because an officer had ordered him to leave the fire lane. Those witnesses said Hess jumped in front of the vehicle, and Henry did not have enough time to stop. Henry was handcuffed and put on the sidewalk, where he lay dying, according to their testimony.

A grand jury declined to indict Hess. But the U.S. Justice Department is investigating.

Earlier this month, the Pleasantville Police Benevolent Association named Hess, who underwent knee surgery, “Officer of the Year,” an honor that outraged Henry’s family.

“It speaks to the level of arrogance we have had to deal with,” Henry’s father said. “One has to wonder if this group sees themselves as above the laws they’re sworn to uphold.”

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