A second lawsuit against police officers who responded to reports of a crowd outside a Thornwood bar and shot a Pace University student will be filed in federal court Oct. 12.
Aaron Hess, a Pleasantville police officer, killed D.J. Henry on Oct. 17, 2010, shooting him from the hood of Henry's car as Henry was driving. He was not indicted by a Westchester County Grand Jury; the family filed a wrongful death lawsuit. The U.S. Justice Department is also investigating.
Michael Sussman, attorney for the Henry family, said the story coming out through depositions for the first lawsuit, which was filed against Hess and his employer the village of Pleasantville, drew a very different picture than that described by police after the shooting.
The new complaint, which also names the Town of Mount Pleasant, includes information from depositions by Mount Pleasant police officers Ronald Gagnon and Kevin Gilmartin. According to their descriptions of events, after Hess had shot three times at Henry, Gagnon and Gilmartin went to Henry's car. Henry was breathing and conscious, according to the lawsuit.
Gagnon cuffed Henry while Gilmartin held him by his right arm and shoulder, then they put him face down on the ground.
"In light of what they had seen and heard, they knew he had been shot," the lawsuit alleges.
Neither called for urgent medical attention, nor did Gilmartin—a trained paramedic—check on the college junior.
"To my way of thinking...that sequence of events contributed to the demise of Mr. Henry," Sussman said in a phone press conference Wednesday, calling Gagnon's and Gilmartin's inaction "simply so reckless and so inexcusable that they must face consequences in a federal court."
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Last week Sussman released the deposition of Mount Pleasant Police Officer Ronald Beckley, the second officer to fire his weapon that night. Beckley said during his deposition in federal court that he fired his gun to stop Hess, whom he saw on the hood of Henry's car, did not know was an officer and felt was the "aggressor."
"I was shooting at a person that I thought was the aggressor and was inflicting deadly physical force on another," Beckley said.
Hess' attorney, Brian Sokoloff, criticized Sussman last week for releasing Beckley's deposition, calling the move premature.
According to police statements after the incident, Hess was injured when Henry hit him with his car.
According to Beckley's deposition, Beckley believed he had shot Hess.
Hess has been out on medical leave since the incident. Sussman said today that Hess's medical records have been made confidential by his attorneys.
Sussman said he expected the second suit to be merged with the first, but that it had to be filed before the two-year limitation on wrongful death lawsuits runs out.
Read about the police press conference after the shooting here. Read about the initial police description of the incident here.
Their attorney, well known in these cases, smells $$$s, and will collect maybe half. How our system works and encourages this misjustice. Two cents,
If you were there and have additional information other than the fact that this young man was DUI (Proven in court records), driving a vehicle that his "friends" allowed him to drive ; despite the fact that he was intoxicated (Proven in court records), purchased alcohol with a false ID (Proven in court records) , failed to follow a police officer's directions (Proven in court records) and injured a police officer while DUI (Proven in court records) we'd all like to hear it. This is truly tragic event made worse by people turning into a cottage industry of hate and accusations. All these lives were ruined by pi** poor judgement and alcohol.
2) If my child was shot/killed I'd want to know WHY, and under circumstances that are truthful. I'd want the facts. 3) Being a P.O.is sometimes difficult, but they too must be held responsible for their actions. 4) Losing a child is horrendous; no one should judge the parents until they've walked in their shoes. 5) Am 100% CERTAIN parents would prefer to have DJ alive than get money.
That the young man and friends were drinking and driving under the influence wasn't something known until AFTER he was dead. I suspect the group was panicky because they thought they would be caught for drinking illegally. It is pretty easy to imagine not understanding whatever the officer said or gestured as well.[ I remember an officer in Middletown, CT, who shot into a car because he wanted it to stop - with a family in it - the driver said they thought he was signaling them to move on] Why a gun was drawn and fired in these circumstances ( to stop a car full of people not known to be engaged in a crime?) is unanswered. Is this a good or usual practice? The officer may have made a mistake, too. It's not about good guys and bad guys: it seems to be about confusion, bad judgments made in a split second, and the aftermath.