BOSTON – Afound there is no new evidence that would warrant bringing the case to a new grand jury.
Miriam Rocah, the district attorney in Westchester, New York, launched a review two years ago. The results were released Wednesday.
Henry, who was Black, was a 20-year-old Pace University junior in October 2010 when he was shot and killed by a white Pleasantville, New York police officer during a chaotic scene outside a bar.
Henry was out with friends 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.
The officer said Henry was driving “at him,” but witnesses said he was just trying to leave.
Henry’s family pushed for a second look at the case for years.
The final report released Wednesday found that “While there was no legal basis to resubmit charges to a new grand jury, that does not mean that the circumstances leading to DJ’s death and the subsequent investigation were handled without flaws.”
The Henry family reached a $6 million settlement with the officer and Pleasantville in 2016.
“DJ’s death may have been avoided if better protocols had been in place and the officers involved had received more specific training, all of which could have resulted in the officer addressing the situation through techniques other than stepping in front of a moving vehicle and drawing a firearm,” the report said.
In addition, Rocah said the Henry family was “not accorded the respect and compassion that they unquestionably deserved from the police, the WCDAO, and others in positions of authority” following DJ’s death.
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