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Lawyer: Cop Who Shot At DJ Henry Wasn’t In Danger

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The scene moments after the shooting of D.J. Henry in Thornwood, N.Y. on Oct. 17.

The scene moments after the shooting of D.J. Henry in Thornwood, N.Y. on Oct. 17.

BOSTON (CBS/AP) – A lawyer for the family of DJ Henry claims an officer was not in harm’s way when he fired the first shot in the shooting that killed the college football player from Easton.

Police have said Henry was shot outside a Thornwood, N.Y., bar Oct. 17 after he drove off and hit two officers.

The family’s lawyer, Michael Sussman, said Friday that a ballistics expert he hired determined that the same officer fired at least three shots, one into the hood and two into the windshield. 

Sussman said the angle of the shot into the hood indicates it was fired from the side and that it came first since the officer was on the hood for the other two.

A spokesman for the Westchester County District Attorney’s office said he cannot comment on an ongoing investigation.

Sussman’s comments came before a memorial service for Henry in Boston Friday afternoon.

(TM and © Copyright 2010 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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