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.

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Comments (4)
  1. Jim says:

    This ambulance chaser better go back to law school, If he ever went! Just about all laws regarding self-defense in every state use a phrase close to, ‘In defense of themselves or another in imminent danger of death or grievous bodily harm.” To simplify this. If you step in to try to save someone else, It is allowed.

  2. caroussel says:

    Since this town hasn’t had an officer involved shooting in decades, I find it hard to believe the officers fired their weapons for no reason. DJ should have rolled down his window and asked the officer what he wanted instead of assuming the officer wanted him out of the fire lane. But wait – if DJ rolled down the window the officer might have realized he was driving under the influence. Did DJ really think the officer wanted him to move or did DJ want to get out of there before he was charged with a DUI?

    1. becky says:

      Uhh caroussel the point is a person was killed for no reason…eitha way death was not the way to solve this issue…handcuffing someone and laying them on the pavement after they have been shot twice in the chest and in the shoulder…then u supposivly seek medical attention not immediatly but 3-5 mins later.ii..does that realyly make since to you???

  3. brandon says:

    caoussel them cops shot him because he was african american, it was a hate crime, and the dude wasn’t even drunk. The cops didn’t even want to talk about the shooting, the same thing happened to that 7 year old black girl, when the cops trown a flash bang grenade in the house burning the girl, then shooting her in the neck.

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