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Tuesday
Jan112011

Family of College Football Star Shot by Police Intend to File Wrongful Death Suit

Photo Courtesy - Getty Images(NEW YORK) -- Three months after a college football player in New York was shot and killed by police during an altercation outside a bar, his family said Tuesday they intend to take the first steps towards filing a wrongful death suit against police.

"All we're looking for is the absolute truth," Danroy Henry Jr.'s mother, Angella Henry, told ABC News.

Henry, a 20-year-old student at Pace University, was killed in October as he sat in his car with his friends after a night out celebrating a homecoming game in suburban Thornwood, N.Y.

There are differing accounts of what happened. Police say they were responding to an unruly crowd outside a bar, and when officers approached Henry's car parked in a fire lane and knocked on the window, the college student tried to speed away and struck an officer. Police say a second officer, Aaron Hess of the Mount Pleasant police department which responded to the disturbance, was thrown onto the hood of Henry's car. Police say Hess then fired in self-defense.

Several eyewitnesses say the police overreacted and that Henry was trying to move his car out of the fire lane when the police opened fire.

"The path of the bullet shows that as D.J. tried to move and get out of the vehicle, the officer shot directly at him," said Michael Sussman, an attorney for the Henry family, who disputes the police account of the incident.

Sussman said the Henrys would like to see murder charges filed.

A grand jury has been convened to hear evidence in the case. The family has not been allowed to attend the grand jury proceedings, which is standard procedure. But Danroy Henry Sr. said he has been asked to testify.

Copyright 2011 ABC News Radio

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