Family of Slain Pace Student Starts Foundation, Looks for Witnesses

by Elizabeth Renter · 2011-01-12 09:08:00 UTC

Late Tuesday afternoon, the attorney for the family of slain Pace University student DJ Henry announced his plans to file suit against two different communities in New York. This comes after calls for special prosecutors and greater federal oversight of the investigation into his death were denied. The family has also elected to cooperate with grand jury proceedings, asking anyone who saw what happened to DJ Henry that October night when he was killed by police to come forth immediately.

On Tuesday morning, Danroy and Angella Henry appeared on Good Morning America and announced the creation of the DJ Dream Fund, a non-profit organization created to assist student athletes that might not be able to otherwise afford the costs associated with college sports. Mrs. Henry called the foundation a way to empower youth, saying that providing such assistance is “something DJ would have wanted.”

The family wants the nation to know that deadly force used by police officers the night of DJ Henry's death was unwarranted; that DJ was far from the type of person to attempt to flee or run down police. Although the police report says he sped off after hearing a cop tap on his window, his friends state he slowly pulled away, assuming the officer just wanted him to move from the fire lane. Attorney Michael Sussman stated one witness who had been parked behind Henry officially stated that he drove off slowly and the officer, who already had his hand on his holster, leaned in and “fell softly” onto the vehicle before emptying rounds into the car, his gun pressed to the windshield.

Family, friends and countless witnesses maintain Henry had not been drinking in the immediate hours leading up to his death. Though his blood alcohol content was over the legal limit, autopsy results showed only trace amounts in his digestive system, further substantiating the claims that DJ was acting as the designated driver that night and hadn’t been drinking immediately preceding the shooting. There have been suggestions that the elevated blood alcohol content is related to chemical processes within the body that occur after death.

A federal civil rights lawsuit is expected sometime in the coming months, as Sussman filed a Notice of Claim against the Town of Mt. Pleasant and the Village of Pleasantville, both of which had officers on the scene. The notice alleges both municipalities acted with “negligence and/or gross negligence in using deadly physical force” resulting in the death of DJ Henry. The claim is valued at $120 million, a figure Sussman states the family came to when trying to put a monetary value on the life of their son and the pain associated with their loss.

Prior to Governor Paterson leaving office, he was said to be seriously considering a push for a special prosecutor in the case. But coincidentally, in the wake of publicity regarding his controversial pardon of John White in the shooting death of 17 year old Daniel Cicciaro Jr., he backpedaled on the issue, stating he “felt assured” justice could be found without the use of an impartial prosecutor.

The grand jury began reviewing evidence yesterday and, although the process is expected to take weeks, Sussman and the Henry family are calling on anyone who may have encountered DJ that night, anyone who saw what happened or may have information related to the case, to come forward. They are asking people who have not yet spoken with police to immediately contact the district attorney's office. For those who don’t want to speak directly with the DA’s office for whatever reason, they are encouraged to contact Michael Sussman at (845) 294-3991.

For those who weren’t witnesses to that night, show your solidarity with the Henry family by signing the Change.org petition below, asking the local DA to ensure justice will be served in this case and that the investigation will be impartial and fair.

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Photo Credit: Henry Family

Elizabeth Renter is a freelance writer who studied criminal justice at Bellevue University. She blogs for several defense attorneys. Follow her on Twitter @elizabethrenter.
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