Some Brockton police officers object to fundraiser in memory of Danroy ‘DJ’ Henry of Easton Brockton officer warned after using work email to complain about Taunton event

Some Brockton police officers object to fundraiser in memory of Danroy ‘DJ’ Henry of Easton
Brockton officer warned after using work email to complain about Taunton event

Wayne Dozier of Boston, left, grandfather of college football player Danroy “DJ” Henry Jr., who was shot and killed by a police officer, wipes his eyes as Jamele Dozier, Danroy’s uncle, holds a photo of the football player during a news conference in Boston’s Roxbury neighborhood on Thursday.

By Vicki-Ann Downing


Enterprise Staff Writer
Posted Apr 22, 2011 @ 06:00 AM

BROCKTON —
A  Brockton police officer used his work email to send a message to a restaurant holding a benefit to honor the late Danroy “DJ” Henry of Easton, asking when a similar event would be held for the police officers involved in Henry’s fatal shooting in New York.

“Please let me know when the benefit is being held for the two police officers that were struck and killed by the drunk driver,” wrote Patrolman Scott D. Uhlman. “I will charter a bus and fill it up with people who would spend money at Uno’s for a good cause.”

The three-day fundraiser, held in February at Uno Chicago Grill in Taunton, raised $5,000 for the DJ Dream Fund, a nonprofit group founded by the Henry family that will award money to children younger than 18 for the purchase of sports equipment and to pay athletic fees and gym memberships.

Henry, 20, a student at Pace University, was shot and killed by police on Oct. 17 in a shopping plaza in suburban New York. His family on Wednesday filed a wrongful-death civil suit against one police officer and the village that employed him.

That officer, Aaron Hess, was named “Officer of the Year” last week by his union. Police contend DJ Henry was drunk and drove his car at Hess, who landed on the hood and shot through the windshield.

Uhlman’s email, which incorrectly said that police were “killed” in the Henry incident, was one of many received from law enforcement personnel after the fundraiser for the “DJ Dream Fund” was reported on The Enterprise website, the Henry family said.

Another Brockton police officer, Jason Ford, a decorated Iraq War veteran, wrote Uno’s from his home email account, not his work account.

“As a longtime and faithful patron of your restaurant, I would like to know when the benefit for the two New York police officers DJ Henry ran down while underage, intoxicated, refusing to obey the lawful orders and attempting to flee” will be, Ford wrote. “I would love to attend the benefit for those officers.”

The emails from police to Uno’s led Henry’s father, Dan Henry of Easton, to write a letter of complaint to Brockton Mayor Linda M. Balzotti.

“My family and I recently learned of the concerns expressed by several of your officers in advance of a Dream Fund fundraiser held at the Uno’s in Taunton,” Henry wrote. “Why they would object to a fund that will enable youth throughout Massachusetts to afford sports equipment, pay participation fees and afford gym memberships is troubling to us.

“As we intend to both fund-raise and distribute funds to those in need living in Brockton, we hope that you can assure us that this was an isolated incident and that the Dream Fund will be welcomed in Brockton.”
Balzotti did not respond to Henry’s letter. The mayor’s office said this week that Balzotti considered the letter “informational” and the issue to be a “personnel matter” that she brought to the attention of the Police Chief William Conlon.

Conlon said he issued a warning about the matter, but did not discipline anyone.
“People were told that whatever their opinions may be, they can’t use emails from here to express them,” Conlon said. “They were warned about the future use of computers in that fashion.”
Conlon called the Henry case “a very unfortunate situation that inflamed a lot of passions on both sides, and I think it’s best if we stay out of it. It’s a tragic story and very sad for the family.”

After the emails were received by Uno’s in Taunton, the corporate office in Boston asked the event organizers to write a letter to Uno’s chief operating officer, Roger L. Zingle, explaining that the money raised would be used to benefit children, not for the Henry family or its legal expenses.
The goal was to “be sure there was no misunderstanding,” said Rick Hendrie, senior vice president of marketing for Uno’s.

He said the company received “a very, very modest rumbling” of complaint about the Henry fundraiser.
The event “went without a hitch,” Hendrie said. “It was a great event. The restaurant was festive ... It’s part of what we do to support the community.”

Uhlman acknowledged that he made a mistake in using his work email to write Uno’s.
“I was a little distraught that a police officer was severely injured (in the Henry incident) and may never walk again,” Uhlman said. “I sympathize with the family that their son died, but what about the police officer that may never walk again or hold a job again?”

Hess, the officer who shot Henry, underwent knee surgery following the incident and is expected to return to work soon, his union said last week.

Ford, the other Brockton officer who sent an email about the fundraiser, could not be reached for comment.

Vicki-Ann Downing may be reached at vdowning@enterprisenews.com.


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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.”

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1332289

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Boston Activists Condemn Pleasantville Police Benevolent Association “Officer of the Year” award

Boston Activists Condemn Pleasantville Police Benevolent Association

“Officer of the Year” award to Officer Aaron Hess
controversial police shooter of Danroy “DJ” Henry

CONTACT:
Jamarhl Crawford
Blackstonian.com
617-297-7721

APRIL 15, 2011

FOR IMEMDIATE RELEASE

Boston, MA – Local activists are seething with rage following the reported decision to “honor” Officer Aaron Hess with the “Officer of the Year” award by the Pleasantville Police Benevolent Association.  The timing of this award is insensitive and offensive, particularly in light of the questionable circumstances in the Danroy “DJ” Henry, jr. case and the fact that the case has been turned over to the Department of Justice and is currently under investigation.  This move by the Pleasantville Police Union is indicative of the contempt that many Police Unions across the country display in regards to the African-American and Latino community.  In order to witness the vile and venomous sentiments espoused by Police Unions across the country, one only need look at the various law enforcement chatrooms across the country to hear the echoes of tea party patriot militias and neo-nazis. 

Here in Boston, the Boston Police Patrolmen’s Association in their Union newspaper called a 16 yr old boy a “scumbag” after the infamous youtube video of him being beaten while arrested at Roxbury Community College.  In Cambridge, after the “Skip Gates” incident, Officer James Crowley was awarded by the Cambridge Police Department. While these cases did not share the same tragic results, the message is the same. It is a message of self-righteousness and entitlement. It shows a total lack of respect for the loss of life of people of color and exemplifies an “Above the Law” attitude.  What we find most offensive, it is taunting and cruel to the family.  We should all be concerned when public servants show this type of disdain for a significant portion of the public they are dutifully sworn to serve. 

We join to publically condemn the decision of the Pleasantville Police Benevolent Association and  President Matthew Listwan to bestow Officer Aaron Hess with the “Officer of the Year” award. 

We further condemn the bad judgment displayed by Officer Aaron Hess in accepting the award after this controversial case and during an ongoing US Justice Department investigation. 

We also condemn the actions of Officer Hess on Oct. 17 which resulted in the tragic death of Danroy “DJ” Henry, jr.  It is our belief after reviewing all available facts that the statements of the witnesses are closer to the true sequence of events and we do not agree with the grand jury’s decision to dismiss Hess’ indictment on criminal charges in the case. 

Police Unions are fierce defenders of the fallen in their ranks. They rally around deceased officers families and fundraise and brow beat anyone who doesn’t share their sense of loss and respect. If there were a case in which an officer was killed by a young black man, even if the officer had been shown to be a “dirty cop” and trying to unlawfully kill the young man, and subsequently the Black community held a celebration and awarded this young man, we could expect protest from every officer in the country. Police would view such a display as a public slap in the face and the ultimate gesture of disrespect.

“The type of rhetoric spewed by many Police Unions, is indicative of a mentality that is then displayed on the job in many cases. This type of event and the attitudes, actions and comments of some officers is simply another means to administer Police Brutality… psychologically.”
- Jamarhl Crawford, Blackstonian.com

Regardless of the PPBA’s stated intentions to “not offend” and “not garner media attention” they knew exactly what they were doing. They knew the implications of such an award and they knew the potential to inflame and infuriate the public. They knew that the timing of this award was completely inappropriate and with all that knowledge they did it anyway with forethought and wickedly malicious intent. 

## 

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DJ Henry’s family files federal suit against N.Y. cop

DJ Henry’s family files federal suit against N.Y. cop

By Laura Crimaldi  |   Wednesday, April 20, 2011  |  http://www.bostonherald.com  |  Local Coverage

The family of a Pace University football player from Easton who was fatally shot last fall by New York cops today is filing a wrongful death suit in federal court.

Angella and Danroy Henry Sr. are meeting with reporters at noon to discuss the legal action against a cop who shot at Danroy “DJ” Henry Jr. and the village that employs him.

“While we recognize both the broader efforts to distort the truth and conspire in secret to deny our family and those following, a complete picture of the events leading to our son’s death, we are choosing to sharpen our focus on those most responsible for his death,” the couple said in a statement released by their attorney. “We are not oblivious to the reality that several people participated in the inhumane treatment of our son, allowing him to die without regard for basic human dignities handcuffed alone on the ground.”

The suit names Officer Aaron Hess and the Village of Pleasantville, N.Y., according to a copy of the complaint provided by Henry family lawyer Michael Sussman. The suit will be filed this afternoon in federal court in New York, Sussman said. The complaint does not disclose the amount of money the family is seeking in damages.

Henry, 20, was fatally shot on Oct. 17, 2010, outside a bar after, according to police, he ignored instructions to stop his vehicle. Hess, who fired at Henry four times, was honored earlier this month as an “officer of the year” by the Pleasantville Police Benevolent Association. The honor outraged Henry’s family.

“The PBA’s choice to celebrate our son’s death was a poor one and further energizes our fight for truth and answers to simple but relevant questions,” the couple’s statement said.

Hess was cleared of criminal wrongdoing by a New York grand jury in February.

The federal Department of Justice is also reviewing the shooting.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1332114

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Cop’s award latest odd twist in Pace case

Cop’s award latest odd twist in Pace case

Photo by Ryan T. Conaty (file)
By Margery Eagan  |   Thursday, April 14, 2011  |  http://www.bostonherald.com  |  Columnists

You hear it. You almost can’t believe it.

The police union in Mount Pleasant, a small town outside New York City, just gave its officer of the year award to Aaron Hess, now under investigation by the U.S. Justice Department for fatally shooting Pace University football player Danroy “DJ” Henry, 20, from Easton.

“What did he do to win this award? Kill our son?”

So asked DJ’s mother, Angella Henry, yesterday. Yet she spoke not in anger but in the calm, matter-of-fact, what-do-you-expect tone she and her husband have maintained since enduring one bizarre twist after another in a disheartening, six-month journey through the court system there.

Retired Boston police Lt. Tom Nolan reacted with far more ire yesterday.

“It’s outrageous and frankly disgraceful,” said Nolan, a 27-year police veteran now teaching at Boston University. “Police know this was a questionable shooting at best, a situation where the life of an unarmed student athlete was taken.

“If that’s the most commendable and laudable and praiseworthy thing that went on in Mount Pleasant in 2010, that says a lot.”

You know, most police departments commend officers who, as Nolan put it, perform “selfless acts of heroism, putting themselves in harm’s way” to save the rest of us, who are extremely grateful. An award to an officer in the midst of a criminal investigation and multiple civil suits? Unheard of.

Equally unheard of in a disputed case such as this? A secret grand jury’s failure to indict anybody and allow open court hearings to follow. In March, however, after a judge demanded videos that DJ’s teammates insist support their version of events, a prosecutor abruptly dropped all charges — resisting arrest and disorderly conduct — against those teammates. They, like the Henrys, have argued that what’s really going on here is prosecutors protecting police, a charge both have denied. Yet no one has answered two central questions here: Was Hess struck by Henry’s car before he opened fire? If not, why did he not just get out of the way? And why did Henry lie mortally wounded — yet handcuffed and unattended — for so long that awful night?

Angella Henry said yesterday, “I’m thankful in a way (that this happened) because now everyone sees what we’ve been dealing with. It’s hurtful, yes, but we’re not surprised.”

DJ’s younger brother Kyle was not surprised, either.

“They killed an innocent man,” he told his mother. “Why would you expect anything different?”

Article URL: http://www.bostonherald.com/news/columnists/view.bg?articleid=1330628

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Officer who shot Danroy Henry named 'Officer of the Year'

Blackstonian Editor's Note: I find this disgusting. Completely unprofessional, insensitive and this should be regarded as intimidation and harassment.

Officer who shot Danroy Henry named 'Officer of the Year'

Danroy Henry Jr.
By Milton J. Valencia, Globe Staff

The family of Danroy "D.J." Henry Jr., the popular football player from Easton who was fatally shot by police in New York last year, lashed out today at a New York police union’s decision to give an award to the officer who shot him.

The award was particularly insulting, the family said, because the shooting remains under investigation by the US Department of Justice.

“I’m glad the world gets to see the arrogance we’ve been dealing with since Oct. 17, from the district attorney’s office all the way to the Police Benevolent Association,” said Angella Henry, Danroy Henry's mother. “For us, it’s not a surprise.”

FULL STORY HERE
http://www.boston.com/news/local/breaking_news/2011/04/officer_who_sho.html?p1=News_links

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Danroy Henry’s mother ‘thrilled’ about dropped charges

Danroy Henry’s mother ‘thrilled’ about dropped charges
By Ira Kantor  |   Friday, March 25, 2011  |  http://www.bostonherald.com  |  Local Coverage

Photo by Stuart Cahill

The mother of a Pace University football player from Easton shot and killed by police outside a New York state bar welcomed the news yesterday that a judge has dropped criminal charges against four of her son’s teammates caught in the chaos of the Oct. 17 shooting.

“Clearly, we’re thrilled. We knew all along these young men were innocent and their full desire was to save our son’s life,” said Angella Henry, mother of Danroy “DJ” Henry Jr., who added that the “victory for the young men is just a step forward for us to both accountability and penalty in getting justice for our son.”

Attorney Bonita Zelman, who represents Joseph Garcia of Floral Park, N.Y., Joseph Romanick of Slidell, La., Yves Delpeche of Brooklyn, N.Y., and Daniel Parker of Lauderhill, Fla., is now planning to sue the county of Westchester, the town of Mount Pleasant and the village of Pleasantville, all of which had officers at the scene.

Zelman said he is seeking “seven figures for each of these victims,” alleging brutality, false arrest, violation of civil, constitutional and human rights, and malicious prosecution. Zelman claims video and photographic evidence proves police brut-ality as the players tried to save Henry.

“The only people out of control by way of this evidence are the police,” Zelman said. “We’re going to make a loud outcry to acts of brutality made against them. . . . Before I’m done, every cop that laid a hand on these innocent students will be brought to justice.”

Each of the players was charged with criminal mischief, disorderly conduct, resisting arrest or obstruction. A grand jury last month declined to indict the officer who shot Henry.

Spokeswoman for Westchester county Donna Greene and the town of Mount Plesant declined to comment. A message left with the village of Pleasantville was not returned.

Michael Hagan, president of the Westchester police union, called the claims “rid-iculous” and said the lawsuit was a “shameless attempt to have the taxpayers . . . reward them for their illegal activity.”

Westchester District Attor- ney Janet DiFiore said the charges were dismissed “in the interest of justice.”

Michael Sussman, an attorney representing Henry’s parents, who plan to file a lawsuit next month, said the charges should never have been brought. “They tried to save DJ’s life,” Sussman said.

“I think (the charges) were brought as some kind of contrivance to begin with.”

The Associated Press contributed to this report.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1325931

READ MORE - Danroy Henry’s mother ‘thrilled’ about dropped charges

Charges dropped against football players in Danroy Henry case

Charges dropped against football players in Danroy Henry case

By Associated Press  |   Thursday, March 24, 2011  |  http://www.bostonherald.com  |  Local Coverage

VALHALLA, N.Y. - A judge has dropped all charges against four New York college football players who were arrested after a teammate was killed by a police officer.

The action was taken Thursday by a town judge in New York. The players’ lawyer said a lawsuit is planned.

The four Pace University students were arrested Oct. 17 in the chaos that followed the shooting of 20-year-old Danroy Henry, of Easton, Mass., outside a bar in Thornwood, N.Y.

Last month, a grand jury declined to indict the officer who shot Henry. Two weeks ago, prosecutors moved to dismiss various charges of disorderly conduct, obstruction and criminal mischief against the teammates.

The players expressed relief. One of them, Joseph Romanick, of Slidell, La., noted that nothing can bring back their friend.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1325727

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Danroy Henry’s family planning $120M lawsuit

Danroy Henry’s family planning $120M lawsuit
By Associated Press  |   Wednesday, January 12, 2011  |  http://www.bostonherald.com  |  Local Coverage

The family of Danroy Henry is planning a lawsuit following his fatal shooting by New York police.
Photo by Henry family

WHITE PLAINS, N.Y. -- The parents of a college football player who was shot dead in his car by police announced Tuesday that they plan a $120 million lawsuit against the suburban towns whose officers were involved.

They also have decided to cooperate with the grand jury investigating the case.

Family lawyer Michael Sussman said the lawsuit over the death of Danroy Henry Jr. would probably be filed in federal court this spring against the town of Mount Pleasant and the village of Pleasantville, just north of New York City. A notice of claim, required before suing, was filed Tuesday in each jurisdiction, he said.

Telephone calls to Pleasantville Administrator Patti Dwyer and Mount Pleasant Supervisor Joan Maybury were not immediately returned Tuesday.

Henry, a 20-year-old Pace University student, was killed Oct. 17 after officers fired at his car as he drove through the parking lot of a shopping center in the ! New York City suburb Thornwood, near the Pace campus. Police had been called to a disturbance that spilled out of a bar in the shopping center.

Witness accounts of the shooting have differed sharply, and a Westchester County grand jury is investigating. Police have said that Henry sped away and hit Pleasantville Officer Aaron Hess, who has acknowledged shooting at Henry through Henry’s windshield. A Mount Pleasant officer also fired at the car.

Sussman has alleged that Hess committed murder, but Hess’ lawyer said he was thrown onto the hood of the car by the impact and had no alternative but to shoot.

Autopsy results revealed that Henry had a blood-alcohol level above the legal limit for driving. Sussman has disputed that finding.

The notice of claim alleges that the municipalities were negligent in hiring and training officers and the officers were negligent in their use of deadly force.

Amateur video of the aftermath of the shooting reveals "! absolute mayhem," Sussman said. There was "an obvious lack of supervis ion ... that relates to a lack of training," he said.

The $120 million figure in the notice of claim, he said, reflects "the family’s valuation to the extent they can give any monetary valuation" of their son’s worth.

Henry’s father, Danroy Henry, has been asked to testify before the grand jury and has agreed, Sussman said.

"He has things to say" about his son’s nature and character, the lawyer said.

Sussman said he and other lawyers in the case met last month with then-Gov. David Paterson to seek a special prosecutor. But the governor felt the Westchester County grand jury investigation would be "a serious enough pursuit of justice," Sussman said.

Sussman has said he doubts the ability of the Westchester district attorney’s office to impartially lead the investigation. But on Tuesday he encouraged "all people with knowledge of the situation" to cooperate with the grand jury.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1309051

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Lawyer: Killing of Danroy Henry was murder

Lawyer: Killing of Danroy Henry was murder

Prosecutor Michael Borelli, left, speaks during a hearing at Mount Pleasant Town Court, Thursday, as attorney Bonita Zelman, second left, and defendants Daniel Parker, left, Joseph Garcia, center left, Joseph Romanick, center right and Yves Delpeche listen
By Associated Press  |   Friday, December 17, 2010  |  http://www.bostonherald.com  |  Local Coverage
Photo by AP

WHITE PLAINS, N.Y. — The police killing of a college football player was "nothing short of intentional murder," a lawyer for the student’s family said Thursday as he renewed his demand for an independent prosecutor to investigate the off-campus shooting.

Attorney Michael Sussman’s charge was an escalation of his previous comments on the Oct. 17 killing of 20-year-old Danroy "D.J." Henry. Witness accounts of the shooting have differed sharply, and a grand jury is investigating.

Henry, of Easton, Mass., was killed when police officers fired through the windshield of his car as he drove from the scene of a bar disturbance in the New York City suburb Thornwood, near the Pace University campus, after the school’s homecoming game. Sussman said the fatal bullets were fired by Pleasantville Officer Aaron Hess, who has acknowledged shooting at Henry.

A lawyer for Hess, John K. Grant, did not immediately return phone and e-mail messages Thursday. He said earlier this month that Henry’s car hit Hess and threw him onto the hood, then kept accelerating.

"Officer Hess had no other available alternative but to fire at the operator to stop the threat," Grant said.

Autopsy results included a blood-alcohol level above the legal limit for driving. Sussman has disputed that finding and said Thursday that the results may have been tampered with.

Sussman said he based his murder allegation on autopsy results and his deductions about the paths of the bullets. He said Hess tracked Henry and kept aiming for him as Henry recoiled from the gunshots.

"D.J. Henry was curling in a way to get away from the first shot when the second and third shots were fired, and those shots are the shots that killed him," Sussman said during a telephone news conference. "This was nothing short of intentional murder, period."

Sussman has insisted for months that Westchester District Attorney Janet DiFiore, who’s leading the investigation, is too close to the police departments involved and should step aside.

He said Thursday that he has asked Gov. David Paterson to appoint a special prosecutor. He had already requested that the federal Department of Justice investigate. The department said it was monitoring the case "and if appropriate will undertake an independent review."

Earlier Thursday, the district attorney’s office alleged improper conduct by the lawyer for four of Henry’s teammates, who are charged with various misdemeanors in the aftermath of the police shooting.

Assistant District Attorney Patricia Murphy said lawyer Bonita Zelman refused to let police talk to a witness unless charges were dropped against her clients.

"The people will not, will never accede to coercion to resolve these cases," Murphy said during the students’ appearance in Mount Pleasant Town Court.

Zelman denied the charge, saying, "It never happened."

Town Justice Robert Ponzini said prosecutors could file a written complaint against Zelman.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1303827

READ MORE - Lawyer: Killing of Danroy Henry was murder

Father of teen slain by police calls article favorable to his son

Father of teen slain by police calls article favorable to his son

EASTON TEEN’S KILLING
Danroy Henry Jr.’s father says a news article suggests his son did not aim his vehicle at an officer before being shot.
By Russell Contreras
Associated Press / December 2, 2010

The father of a fatally wounded college football player said yesterday he thinks a lawyer’s description of the shooting tends to favor his son and not the lawyer’s police-officer client.

Danroy Henry of Easton, father of Danroy “D.J.’’ Henry Jr.,said his reading of a newspaper interview with an attorney for Pleasantville, N.Y., Officer Aaron Hess suggests that Hess may have gotten into the path of the car rather than his son aiming the vehicle toward the officer.

“It adds to the confusion but it answers a few questions that we’ve had,’’ Henry said. “I think in some of the earlier accounts it was either intimated or was actually stated that their view of the story was that our son was aiming his car at officers.’’

The Journal News of White Plains, N.Y., reported yesterday that Hess walked from the sidewalk into the vehicle’s path after hearing another Mount Pleasant officer shout to Danroy Henry Jr. to stop his car. Hess attorney John Grant told the paper that Hess was standing about 50 feet away when he raised his left arm, motioning and shouting for Henry to stop.

Grant said in an e-mail that Henry was told to stop and Hess “had no other available alternative’’ but to fire because Henry hit Hess with his car and swerved while Hess held on to the vehicle’s hood “for his life.’’

“Officer Hess entered the driveway area of the parking lot when Henry’s vehicle was approximately 50 feet away and after another officer tried to have Henry lower his window to speak with him,’’ Grant said. “Instead, Henry drove off with two passengers toward Officer Hess and rather than slow and stop, sped up, hitting Officer Hess and throwing him onto the hood of the car.’’

Police say the younger Henry hit two officers with his car outside a Thornwood, N.Y., bar Oct. 17 after an officer told him to move. Officers fired at the car, killing the 20-year-old Pace University student. Grant said Hess fired the fatal shots while clinging to the hood with his gun pressed to the windshield.

“Had Henry complied with the officers’ directions or stopped once he hit Officer Hess, this entire tragedy would have been avoided,’’ Grant said.

Grant did not respond directly to the elder Henry’s comments.

He said Hess was treated at Westchester Medical Center for a severe knee injury. He said Hess left the hospital because the younger Henry was being treated there and because of the growing crowd of Pace students.

Grant said his client underwent five hours of surgery at Phelps Memorial Hospital Center in Sleepy Hollow for a kneecap that dislodged into his thigh.

During a press conference, the elder Henry marked off 50 feet to demonstrate that the distance may have not been enough space for his son to stop the car.

“We’re continuing to press for the truth,’’ said Henry. “We’re just telling the truth and trying to find the truth. We have nothing to hide and we’re going to keep doing that.’’

Henry and his wife, Angella Henry, have pressed for a federal investigation.

READ MORE - Father of teen slain by police calls article favorable to his son

Victim’s kin denied access to 911 tapes Man shot dead by New York police

Victim’s kin denied access to 911 tapes
Man shot dead by New York police
By Richard Weir  |   Saturday, November 13, 2010  |  http://www.bostonherald.com  |  Local Coverage

EMOTIONAL: Thulani DeMarsay, aunt of Danroy Henry Jr., wells up with tears while speaking yesterday about her nephew, who was fatally shot by New York police officers Oct. 17.
Photo by Mark Garfinkel

The father of a college football player fatally shot by police in suburban New York last month said yesterday he was disappointed by a judge’s ruling denying him and his wife access to 911 calls.

Danroy and Angella Henry of Easton had petitioned to get copies of any audio and video recordings from the Oct. 17 night that their 20-year-old son, Danroy Henry Jr., a Pace University football player, was shot and killed in his car after a disturbance outside a Thornwood, N.Y., bar near his campus.

Westchester County Judge Orazio Bellantoni barred them from accessing any 911 tapes and surveillance footage because they failed to include in their legal bid an affidavit from “someone with firsthand knowledge of the facts.”

“Unfortunately for us, the law isn’t a grieving parent, we are,” Henry said. “It doesn’t think like a grieving parent. It is what it is.”

However, Henry said, he does not view the decision as a “setback,” saying the evidence will be “known in due time.”

“Unlike evidence that is missing,” the grieving father said during a conference call held by his lawyer Michael Sussman, “evidence that could have been incredibly helpful, specifically the dash cams in the Pleasantville police cars, this evidence does exist.”

Sussman said he has obtained firsthand accounts from several witnesses to the shooting but opted not to provide them to the court, and thus make them public, because he did not want to hamper a future grand jury investigation.

“At the end of the day, it is possible that the district attorney of Westchester County will get an indictment here, and the last thing we want to do is in any way jeopardize that indictment, should it happen, and the prosecution, were it to happen,” he said.

The Westchester DA’s office opposed the Henrys’ motion, contending that the evidence must be impounded until after a grand jury wraps up its probe.

Police have defended the shooting, saying Danroy Henry Jr. sped away and struck two officers after a third cop knocked on his car window, an account disputed by some witnesses.

At a separate press conference yesterday in Dorchester, Henry’s grandfather, Wayne Dozier, and aunt, Thulani DeMarsay, along with other relatives called on the U.S. Attorney’s office to take over the investigation.

The U.S. attorney for New York’s Southern District said the office is “monitoring” the case and will launch an independent review “if appropriate.”

Lucian Chalfen, spokesman for the Westchester District Attorney, said of the Henry family’s demands for a federal probe: “We are in the midst of a wide ranging, detailed, thorough and comprehensive investigation. At its conclusion it will be presented to a grand jury and we are confident it will be a just and fair outcome.”

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1295966

READ MORE - Victim’s kin denied access to 911 tapes Man shot dead by New York police

Parents of Danroy Hernry visit DA in NY

Parents of Danroy Hernry visit DA in NY
By Associated Press  |   Monday, November 8, 2010  |  http://www.bostonherald.com  |  Local Coverage

Danroy Henry Sr., right, father of Danroy “D. J.” Henry, holds his wife, D.J.’s mother Angella Henry, as she talks about her son during a memorial service at the Boston Convention and Visitor Center. (File, Oct. 29)
Photo by AP

WHITE PLAINS, N.Y. — The parents of a college football player shot to death by police met for the first time today with the district attorney coordinating the investigation.

Danroy and Angella Henry of Easton, Mass., came to the Westchester County courthouse for a hearing on their request to see some of the evidence investigators have gathered.

Their son, Pace University student Danroy Henry, was killed in his car on Oct. 17 near the scene of a disturbance at a bar in Thornwood, N.Y., near the Pace campus. Police said he sped away and hit two officers when a third officer knocked on his car window. Some witnesses dispute that account and police and prosecutors are investigating.

Danroy Henry carried a Bible into court. Angella Henry wore large buttons bearing photos of her 20-year-old son.

The Henrys’ lawyer, Michael Sussman, said that after the hearing, they had "a cordial and private meeting" with Westch! ester District Attorney Janet DiFiore. Neither he nor the district attorney’s office would discuss what was said.

The Henrys left without talking to reporters.

In court, Sussman argued for access to 911 calls, surveillance videos and other recordings relevant to the shooting and said he was willing to keep secret whatever was disclosed to the Henrys. He said the Henrys have "a compelling interest" in learning what happened to their son.

But Assistant District Attorney Steven Bender said a grand jury investigation is under way and no evidence should be disclosed in advance.

State Supreme Court Justice Orazio Bellantoni reserved decision.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1294936

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DA: Police cars’ video idle when Danroy Henry killed

DA: Police cars’ video idle when Danroy Henry killed
By Associated Press  |   Wednesday, November 3, 2010  |  http://www.bostonherald.com  |  Local Coverage

WHITE PLAINS, N.Y. — Video cameras in squad cars were "not operational" when police officers shot and killed a college football player during a disturbance outside a bar, prosecutors said in a document released Tuesday.

The Westchester County District Attorney’s Office filed the document in objecting to a request from a lawyer for the student’s family to view audio and video recordings of the shooting.

Danroy Henry, 20, a Pace University student from Easton, Mass., was killed Oct. 17 as he drove his Nissan near the bar in Thornwood near the university campus.

Police have said Henry sped away and hit two officers after another officer knocked on his car window.

Michael Sussman, a lawyer for Henry’s family, claims accounts from witnesses, including passengers in the car, contradict the police account.

The prosecution argues that releasing material to Sussman might mean making it public and would interfere with a pending grand jury investigation, for which subpoenas have already been issued.

"As to video recordings made by the Mount Pleasant and Pleasantville police departments, Mount Pleasant has no video cameras installed in their patrol cars, while Pleasantville does, but an examination of the hard drives of those cameras reveals they were not operational during the shooting incident," the court document says. It does not say why the cameras were not operating.

A message left for Pleasantville police Chief Anthony Chiarlitti was not immediately returned.

The court document also says that most surveillance video from stores in the same shopping center as the bar were not useful. But video from the bar itself, Finnegan’s Grill, and a Citibank branch show images from outside, it says. No details were provided.

The document says Sussman was wrong when he told reporters last week that traces of gunpowder were gone from the car Henry was driving when he was shot. Gunshot residue tests have not been completed, it said.

"The probable impact of such false and misleading publicity by interested parties is to interfere with the grand jury’s unbiased investigation," the court document says.

In a response released Tuesday night, Sussman said that despite many conversations and letters, the district attorney’s office has never "made any statement questioning or discouraging my public comments." He insisted he was correct about the gunpowder.

Sussman has suggested the district attorney should not be leading the investigation because of ties to the police departments involved. He has asked the Department of Justice to step in and is seeking a determination of whether racial bias or stereotyping played a role. The officers who fired at Henry’s car — Pleasantville Officer Aaron Hess and Mount Pleasant Officer Ronald Beckley — are white; Henry was black.

Sussman said he would be willing to keep secret any material he is given. If he eventually files a lawsuit for the family, he said, he would be willing to "do it under seal not to compromise criminal proceedings."

He said Henry’s parents, Danroy Henry Sr. and Angella Henry, "need to see this information. They want to hear the tapes, they want to see whatever video exists because they need to know how their son died and why."

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1293574

READ MORE - DA: Police cars’ video idle when Danroy Henry killed

Pace player honored amid quest for ‘truth’
Mourners remember ‘family first’ mentality
By Marie Szaniszlo  |   Saturday, October 30, 2010  |  http://www.bostonherald.com  |  Local Coverage

HOPE ABOVE: Danroy Henry Sr. and Angela Henry mourn the loss of their son Danroy Henry Jr. during a service to honor him at the Boston Convention and Exhibition Center.
Photo by Christopher Evans

Two weeks after he was shot to death by police outside a Mount Pleasant, N.Y., bar, more than 2,000 people crowded into the Boston Convention and Exhibition Center yesterday to remember the birthday Danroy Henry Jr. never lived to see.

The Pace University football player would have turned 21 yesterday. And so his family, friends and teammates celebrated his life, even as they wrestled with questions about his death.

“We have been overwhelmed by love and support as we continue to search for the truth,” his mother, Angela Henry, said as she looked out across the sea of faces in front of her. “As his mother, I wanted to do everything I could for him. . . . I just pray you do the same for your kids.”

Henry was shot at about 1 a.m. Oct. 17 after he allegedly struck a police officer with the car he and 20-year-old Brandon Cox were in. Two officers opened fire, killing Henry and grazing his childhood friend.

Police have said Henry took off, hitting the officer, while witnesses have said the officer jumped in front of the vehicle.

While New York State Police and the Westchester County District Attorney’s Office investigate, Henry’s family and witnesses have called for federal oversight of the probe since blood-alcohol test results were leaked, showing he had a level of 0.13, above the legal limit.

Michael Sussman, the attorney representing the Easton family, this week said he expects the Westchester County Medical Examiner’s Office to turn over a blood sample to a lab for independent toxicology analysis. No drugs or alcohol were found in the car, Sussman said.

Yesterday, Danroy Henry Sr. jokingly remembered his son as an excruciatingly slow eater who would order two entrees when they went out to dinner and, if he particularly liked his meal, “quietly hum” his approval.

His younger brother remembered his impeccable sense of style and $400 Gucci shoes.

His younger sister remembered him as her “hero.”

When his father learned he had gotten a tattoo, the elder Henry “was ready to go off on him,” Bishop G.A. Thompson of Jubilee Christian Church recalled, “but when he saw the words, ‘Family First,’ he said, ‘How can I get mad at that?’ ”

On the football field, Henry came to compete because he loved what he was doing, his Pace University coach, Chris Dapolito, said, adding “His play inspired others.”

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1292513

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D.J.’s parents demand cops turn over investigation

D.J.’s parents demand cops turn over investigation
By Edward Mason  |   Thursday, October 28, 2010  |  http://www.bostonherald.com  |  Local Coverage

In this photo taken Sunday, Oct. 17, 2010, police look at multiple bullet holes in the windshield of the car driven by Pace University student Danroy Henry outside a restaurant in Thornwood, N.Y.
Photo by Seth Harrison/The Journal News - File

The New York lawyer for the grieving family of Danroy “D.J.” Henry Jr. accused local police of allowing gunpowder traces to disappear from the vehicle as they probe the fatal shooting of the Pace University football player, and again called for the Justice Department to take over the investigation.

“The vehicle was not maintained properly,” attorney Michael Sussman told reporters in a teleconference yesterday. “Do I know someone did this intentionally? I have no way of knowing that. I do know you do not trust an investigation of this magnitude to an agency that claims they have had no bullets fired in 20 years. What experience to they have to conduct this?”

Sussman also rejected a request by Westchester District Attorney Janet DiFiore to meet with the Henry family, though he invited her to come to Boston to attend the public memorial the family is holding at the Boston Convention and Exhibition center at 2 p.m. tomorrow on what would have been Henry’s 21st birthday, and again called on her to turn the probe over to the feds.

“We’re not interested in social gatherings,” Sussman said. “If she were genuine, she’d let the Justice Department take over the investigation.”

A Department of Justice spokeswoman, Xochitl Hinojosa, said her office isn’t ready to take the probe out of local hands: “The Westchester District Attorney’s Office is investigating the shooting and, consistent with our general practice, the department is monitoring the local investigation.”

A spokesman for DiFiore’s office could not be reached.

Also yesterday, Sussman, who has blasted authorities for leaking blood test results purporting to show Henry was drunk when his car struck a Mount Pleasant police officer, said his investigators got access to Henry’s car for the first time since the Oct. 17 shooting. They turned up “no drugs, no alcohol . . . just Pepsi and Gatorade.”

Westchester Police Chief Louis Alagno could not be reached yesterday.

Sussman also said yesterday he’s asked the Westchester district attorney to give his investigators access to the “black boxes” of Henry’s Nissan and a Mount Pleasant police car it struck, to gauge how fast the Easton native was traveling when he was shot.

Meanwhile, Bonita Zelman, a lawyer for four of Henry’s teammates arrested that night, is looking to have the trial on charges related to the melee moved out of Westchester County.

“They won’t get a fair trial . . . or a fair investigation by the prosecutor’s office, who are relying on police involved in the acts of brutality to do the investigation,” Zelman said.

According to Zelman, Daniel Parker, Yves Delpeche and Joseph Garcia, all 22, face obstruction of justice charges. Joseph Romanick, 21, faces a felony criminal mischief charge. They’re due to be arraigned Nov. 4.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1292054

READ MORE - D.J.’s parents demand cops turn over investigation

Victim’s kin: Slay probe is ‘flawed’

Victim’s kin: Slay probe is ‘flawed’
By Christine McConville  |   Tuesday, October 26, 2010  |  http://www.bostonherald.com  |  Local Coverage

Photo by Ted Fitzgerald (file)

The outraged lawyer for the family of Danroy Henry Jr. upped the ante in the controversial case yesterday, calling on federal officials to take over the probe of the Pace University football player’s fatal shooting at the hands of local police.

“The investigation is fatally flawed,” New York lawyer Michael Sussman said in a letter to U.S. Attorney General Eric Holder.

“An independent investigation is required to ensure that the truth about what happened is determined and revealed,” he added.

Sussman’s request comes as Bonita Zelman, the lawyer for four of Henry’s teammates, demands that the Mount Pleasant police chief suspend the officer who fired the deadly shot.

“I don’t want him riding around this town,” she said.

In the week since Henry was killed outside a popular Irish pub in Thornwood, N.Y., wildly differing accounts of the night’s events remain in dispute. The police charged with overseeing the probe say it will take months before the real story becomes known.

Here’s what is known. Last Sunday morning, shortly after 1 a.m., a fight broke out in the pub, and the rowdy patrons were evicted. When a local police officer saw 150 people congregating in the strip mall parking lot, he called for assistance.

One of the 50 officers who responded then motioned to Henry, an Easton native who was sitting in a parked car in the fire lane outside the pub.

Police say Henry sped off, hitting two police officers along the way, but witnesses, through their lawyer, said the officer jumped on the vehicle.

Then the officer on the hood shot into the car and hit Henry.

Police say they pulled Henry from his car and promptly administered aid, but Zelman said police prevented her clients from helping their dying teammate.

On Friday, hours after Zelman accused police of “brutalizing” her clients, an unnamed police source told the Associated Press Henry had a blood alcohol content of 0.13, above the legal limit of .08. Henry’s lawyer has disputed that claim.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1291560

READ MORE - Victim’s kin: Slay probe is ‘flawed’

Autopsy leak outrages father of Pace University student

Autopsy leak outrages father of Pace University student
By Jessica Fargen  |   Sunday, October 24, 2010  |  http://www.bostonherald.com  |  Local Coverage

Photo by Ted Fitzgerald (file)

The father of slain Easton college student Danroy Henry Jr. said the leak of sensitive autopsy information has escalated his concerns about the impartiality of the investigation into his son’s death.

Information based on a toxicology report leaked to the media on Friday showed that Henry, a Pace University student, may have been drunk last Sunday when police shot him as he drove away from a bar brawl outside a pub in Thornwood, N.Y. Henry, 20, later died of his injuries.

“It makes me even more concerned that this investigation may be compromised,” Henry’s father, Danroy Henry Sr. of Easton, told the Herald yesterday. “We are just looking for truth.”

He said that neither Mount Pleasant police nor the Westchester District Attorney’s Office contacted the family after the leak. Police have stonewalled the family’s request for the same autopsy information that was leaked, he said.

“I would have expected there to be some outrage that this was released. We have no way of verifying its truth,” he said.

Family attorney Michael Sussman yesterday said police are refusing to provide a sample of body fluids or blood used in the toxicology analysis.

The leak “demonstrates that those conducting this investigation either are intentionally seeking to align with those who killed D.J. or are not in control of the information being generated as part of their investigation,” he said.

Mount Pleasant Police chief Louis Alagno has said the department is reviewing the shooting.

Alagno did not return phone calls or an e-mail yesterday. A spokeswoman for the Westchester District Attorney’s Office did not respond to an e-mailed request for comment.

The case has drawn national attention and sparked a war of words between police and Henry’s friends and family.

There are conflicting of accounts of the shooting. Henry was parked in a fire lane outside the pub and drove off amid the chaos. Police said he ignored their commands to stop and tried to run an officer down. A friend of Henry’s said he was simply trying to follow police direction to move his car.

Witnesses said police failed to provide medical aid to Henry for 15 minutes after he was shot, and that they were brutalized by police for trying to help Henry, according to attorney Bonita Zelman.

Police have said they took just 3 minutes to come to his aid.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1291054

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Lawyer blasts leak of victim’s alcohol level Calls for fed probe into cops’ killing

Lawyer blasts leak of victim’s alcohol level
Calls for fed probe into cops’ killing
By Laura Crimaldi and Richard Weir  |   Saturday, October 23, 2010  |  http://www.bostonherald.com  |  Local Coverage

ETERNAL THANKS: Danroy Henry Sr. shows off a letter written by his son Danroy Jr. The letter thanks his parents for raising him

Photo by Ted Fitzgerald
The lawyer for the family of an Easton college student killed by New York police last weekend hammered an anonymous report leaked last night stating the 20-year-old may have been intoxicated.

“I’m not going to let police character assassinate this man in the eleventh hour,’’ attorney Michael Sussman told the Herald.

“It’s very obvious to me the Department of Justice must take over this investigation,” he added.

Gov. Deval Patrick yesterday also joined with others in demanding a full investigation into the fatal police shooting of Danroy “D.J.” Henry Jr.

“I’ve spoken to the parents. My heart goes out to them and their family,” Patrick said. “They, like the rest of us, are counting on the authorities in New York to give a complete and accurate account of what happened.”

Patrick’s comments come as Henry’s parents said they only want to know the truth amid conflicting statements from investigators and Pace University football players at the chaotic scene. Danroy Henry Sr. said he is not speculating about whether race played a role in his son’s death.

“As we were sitting with our son in the hospital, we whispered in his ear, ‘We will get to the truth,’ ” Henry said. “And our singular message to (investigators) is to help us do that, help us get to the absolute truth, because that’s what we need here.”

Henry died on Sunday after being shot by police outside Finnegan’s Grill in Thornwood, N.Y. There are conflicting stories about what led to the shooting. Police said cops opened fire after Henry’s vehicle struck two officers. The family of Brandon Cox, 20, of Easton, who was also in the car, said Henry was trying to move out of a fire lane.

Pace football players want New York Attorney General Andrew Cuomo and the U.S. Department of Justice to investigate. Under New York law, only the governor has the authority to appoint a special prosecutor.

“Westchester County will not cover up for the brutality and shooting of D.J. Henry,” said attorney Bonita Zelman, who represents some of Henry’s teammates. “They will not get away with covering up and trying to ruin the lives of those football players who came forward to save his life.”

Zelman was referring to claims that witnesses who tried to help Henry were “brutalized” by cops. She said four players were wrongly arrested and singled out Daniel Parker, 22, of Lauderhill, Fla., who claims cops beat him after he “begged” to perform CPR. Parker was also arrested.

Sussman said last night the anonymous report — carried by The Associated Press — that stated Henry had a blood alcohol level of 0.13 shows police have “no integrity.” The legal limit for driving in New York is 0.08.

“This was not a DWI stop. Everybody knows Danroy was waiting for friends,” said Sussman, who added the parents deserve to see any autopsy results first before they are “leaked” to the press.

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1290834

READ MORE - Lawyer blasts leak of victim’s alcohol level Calls for fed probe into cops’ killing

Attorney seeks to protect evidence in Danroy Henry Jr. killing

Attorney seeks to protect evidence in Danroy Henry Jr. killing
By Laura Crimaldi  |   Friday, October 22, 2010  |  http://www.bostonherald.com  |  Local Coverage

From left, attorney Michael Sussman, Danroy Henry Jr.’s mother Angela, and father Danroy Sr. are interviewed from their home in North Easton this morning.
Photo by ABC ‘Good Morning America’ screengrab

The attorney for the family of the Pace University student from Easton who was killed on Sunday by New York police said today he is asking for a court order to preserve all evidence connected to the incident.

The parents of Danroy “D.J.” Henry Jr., 20, appeared on Good Morning America with their lawyer, Michael Sussman, who plans to ask a Westchester County judge to make sure no evidence is lost.

“We’re going to conduct an assiduous investigation,” Sussman said. “I’ve been tasked by this family to find out what happened, to get to the truth of what happened and we have for the last three days been spending literally 24/7 doing that.”

Sussman also made a plea to witnesses who might have any video or images from the chaotic scene outside Flannegan’s Grill in Thornwood, N.Y., to hand over the materials to his Goshen, N.Y. office. Mt. Pleasant police chief Louis Alagno is also asking for witnesses to come forward.

Sussman said he is in touch with Westchester County District Attorney Janet DiFiore and plans to be “fully involved” with the probe.

Henry’s parents said they are not seeking to make their search for the truth about race or anti-police sentiment.

“We don’t want to make this a race issue. We just want the truth. We want the truth for our son,” said Angela Henry, who was wearing her son’s high school football jersey.

Henry’s father said the family does not want people coming forward who were not witnesses to Henry’s death.

“We need to have the absolute truth,” said Danroy Henry Sr. “We need to somehow come to terms to this. We can’t do that without knowing absolutely 100 percent what happened to our son, why he was killed.”

There are conflicting stories about the events leading to the shooting. Police say officers opened fire on Henry’s vehicle after he struck two officers in the parking lot. The family of Brandon Cox, 20, who was also in the car, said Henry was trying to move his vehicle out of a fire lane.

Henry will be laid to rest next week on what would have been his 21st birthday.

“He put his family first,” Angela Henry said. “He tattooed that on his wrist, ’family first’ and he put it to words. We just lived it and he put words to it and that’s how he was. Anyone who knew him could tell you that.”

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1290676

READ MORE - Attorney seeks to protect evidence in Danroy Henry Jr. killing