BOSTON (CBS) – Senator Ed Markey is apologizing to the family of DJ Henry, the Easton man killed by police back in 2010 in New York.

It comes after Henry’s father called out Markey for a campaign ad describing himself as a leader in the fight for justice.

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“My wife and I came to you 10 years ago as grieving parents asking for your help with our son’s murder,” Danroy Henry said in a video on Twitter.

“Not only did you not act in any way, but we felt like you were just dismissing us, using even the term ‘colored’ in the conversation.”

A white police officer shot and killed the 20-year-old Pace University football player in October 2010 and was never charged.

Henry was out with friends in Pleasantville, New York when some other people started fighting. Police showed up and officer Aaron Hess jumped on the hood of Henry’s car and shot him to death. Hess was never indicted and he retired from the Pleasantville police department with his pension.

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Henry’s family has been fighting to reopen the investigation.

“I strongly support the Henry family’s efforts to reopen the case of the murder of their beloved son DJ Henry,” Markey said in a statement Monday, hours after the video was released.

“I joined other members of the Massachusetts delegation in 2014 in calling on the Department of Justice to open a federal investigation into DJ Henry’s murder, and I am again calling on the Attorney General to do his job and offer justice to the Henry family and open this long-overdue investigation.

“I have reached out to the Henry family to offer my sincerest apologies, and to pledge to them my complete support to take action on this case. I am fully at their disposal, and hope to work with them,” Markey said.

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Henry’s parents are supporting Markey’s opponent in the Democratic primary next month, Rep. Joe Kennedy.