Danroy Henry parents to sue Pleasantville cop who shot him

[EMSer 15]

WHITE PLAINS — Danroy Henry Jr.'s parents are filing a federal lawsuit against the Pleasantville police officer who killed him.

LoHud

I read the comments that someone may think that Hess' lawyer might "settle" just to get these people to go away, but this is one thing I want played out in a court to end this once and for all. We should start a "fund" to allow private money to be donated to Hess and his legal team in the event that they are forced to "settle" as a result of lack of funds.

The Henry's are wealthy people, this may be their intent all along - to drag Hess in the mud until he has no more money and is forced to give up.

What do you guys think?

[JohnnyOV 2]

Is hess himself liable in anyway, or is it just the village and town?

[v85 212]

I have to wonder, do the Henrys' actually believe what they are saying, that their son was shot because he was black (like the officer could tell inside a car, at night) and that there is a racist conspiracy by PPD, WCPD, WCDA, NYSP etc to cover it up, or are they just trying to make money off of their son's death?

Edited April 20, 2011 by v85

[Just a guy 493]

Since Officer Hess was not charged by the grand jury, he is not liable for any damages whether they be punative or compensatory. Officer Hess has been through enough stress but this federal civil trial will only add more stress. Even though he is not liable, these trials take a lot out of you.

I recently had to undergo a federal civil trial in foley square because a perp that got convicted of assaulting me and is currently serving 6 years in prison sued 6 of us for excessive force. After a week long trial I was found not guilty but it sucks because you are the defendant in federal court and thats a position no cop wants to be in.

Hold you head up P.O. Hess, you are a hero and you saved multiple lives that night and NOBODY can take that away from you.

When the trial starts I and I'm sure many Police Officers will male the trip to foley square to support officer hess and his family.

[helicopper 1,050]

Is hess himself liable in anyway, or is it just the village and town?

I'm guessing that the Village will indemnify Hess and provide representation. That is normally the case when an agent of the government is sued.

In the event that he loses at trial and damages are assessed there may be damages that he himself is responsible for (I'm not sure if that would be punitive or compensatory).

[EMSer 15]

Is hess himself liable in anyway, or is it just the village and town?

I don't think they are going after Mt Pleasant. Correct me if I am wrong, but if the Feds side with the Henry's on criminal charges then I do believe they can sue PPD as well as Hess and his personal property.

Even though they may not get his peronal property, or even if the judge does not allow them to obtain personal property, that doesn't mean they won't try.

They are seeking to avenge their son and they have the $$ to do so; this situation has potential to get very ugly

[JohnnyOV 2]

FYI, pace is hosting a rally today...

This is what is going around pace today.....

EVERYONE: BALLOON RALLY ! "Wings of Hope!" All you need to do, is get a white balloon and draw the #12 and angel wings on it to represent DJ being your angel for the day. You can tie the balloon to a backpack, a mailbox, your car..anywhere that people will see it and want to join! MTV AND BET will be watching to see what we do! LET'S MAKE THIS BIG!

Makes me e'ffing sick

edit: I understand the need to mourn your friend or loved one, but just because he "was a saint" before that night, the one screw up might be the biggest mistake of his life. I'm sure we've all made mistakes along the way, and some of us, more then others. I know I have, but I also know when presented with that situation, the right thing to do, is not what he did. Blaming Officer Hess should be the last thing on these parents mind. Blame yourself for not providing the knowledge to your son to do the right thing there. Blame the friends who probably told him to leave the scene. Don't blame the guy who was on the hood of your kids car, fearing for his life, and for those around him. He was presented with a threat, and neutralized it; exactly as he was trained to do.

Edited April 20, 2011 by JohnnyOV

[EMSer 15]

FYI, pace is hosting a rally today...

This is what is going around pace today.....

EVERYONE: BALLOON RALLY ! "Wings of Hope!" All you need to do, is get a white balloon and draw the #12 and angel wings on it to represent DJ being your angel for the day. You can tie the balloon to a backpack, a mailbox, your car..anywhere that people will see it and want to join! MTV AND BET will be watching to see what we do! LET'S MAKE THIS BIG!

Makes me e'ffing sick

THAT MAKES 2 OF US...

[abaduck 123]

edit: I understand the need to mourn your friend or loved one, but just because he "was a saint" before that night, the one screw up might be the biggest mistake of his life. I'm sure we've all made mistakes along the way, and some of us, more then others. I know I have, but I also know when presented with that situation, the right thing to do, is not what he did. Blaming Officer Hess should be the last thing on these parents mind. Blame yourself for not providing the knowledge to your son to do the right thing there. Blame the friends who probably told him to leave the scene. Don't blame the guy who was on the hood of your kids car, fearing for his life, and for those around him. He was presented with a threat, and neutralized it; exactly as he was trained to do.

Very well said. It's time for some plain speaking: I dare say Henry was a basically nice kid and a good guy. But he made a series of bad to disastrous decisions that night and, to be blunt, he died an a$$hole. The family are going to have to deal with that sooner or later.

They are seeking to avenge their son and they have the $ to do so; this situation has potential to get very ugly

Yes - and I'm not thinking of Officer Hess; the Henrys and their lawyer are making more enemies in more places than anyone could or should, however much money they have: this could get even more ugly for them, if they continue on this road.

Mike

[NYMedic37 22]

Henry's family should be PAYING the Police Officer $120 million, not suing for it. There son attempted to murder Police Officers and placed other innocent persons in grave danger by attempting to run over the Police Officers while driving drunk. The Henry family should be hanging their heads in shame and owe the Police Officers an apology for the criminal actions of their son.

[JohnnyOV 2]

Henry's family should be PAYING the Police Officer $120 million, not suing for it. There son attempted to murder Police Officers and placed other innocent persons in grave danger by attempting to run over the Police Officers while driving drunk. The Henry family should be hanging their heads in shame and owe the Police Officers an apology for the criminal actions of their son.

While criminally negligent, saying he attempted to murder Officer Hess is a little excessive. He did not drive away with the intent to end Officer Hess's life. Assaulting a police officer with a deadly weapon is what occurred. Murder needs intent, and I think he was just trying to escape the situation.

I could be totally wrong though, and maybe my optimistic view on some people is too much and he did actually want to end Officer Hess's life. All I know, is that Officer Hess gets to go home to his family, and the perp does not; and thankfully it ended that way.

[dwcfireman 656]

Hmmm....a police officer is being sued for doing his job? What a load of crap! I can understand that the Henry family is grieving, and how they think that excessive force was used. HOWEVER, PO Hess was being run down by a motor vehicle!!!!!! And to say the shooting was racially motivated? Give me a **CENSORED** break! This is the year 2011. Race (a) doesn't matter anymore, especially since "white" people are now a minority, and (b ) doesn't matter because the "victim" was over the legal limit to drive, a minor, and committing a felony by running down a police officer.

Now, let me play Devil's advocate: What if Danroy, Jr. was white and PO Hess was black? Would Henry's family sue PO Hess because he was angry with white people? Or would they sue because a black officer killed an innocent white man under the extremely racially insensitive precept that white people are innocent? Please note, I am not trying to start a riot, I am not racist in any way/shape/form, and I'm not trying to be insensitive...Just step back and look at it from a different angle. What IF?

And to take it a step further, why does the Henry family need $120 million to ease the grieving. Do they plan on building a memorial or statue made of diamond encrusted titanium? If the family can afford such a legal team to pursue this suit in federal court, I'm pretty sure they can afford the basics, like a grief counselor. Like money is the first thing a rich family needs...I know when my family grieves a keg only costs like $90. Or is that the redneck, simple way of life coming out of my mouth. Money can't replace a loved one. Obviously, if there was some wrong doing on Hess' part, then some damages should be rewarded. But there is no wrong doing on Hess' part, because he was the victim of an alcohol fueled crime scene instigated by many underage drinkers.

PO Hess, if you read this, I'm on your side. Fight them for all they got!!!!

Edited April 21, 2011 by jack10562

[Mark Z 18]

They should be ashamed of themselves! The kid screwed up and it cost him his life! I wasn't there, but would wager most of us would have reacted the same way the officer did and I won't second guess his actions. I have children and would hate to see anything happen to them but don't see how this helps anything. Hang in there Officer Hess!

Edited April 20, 2011 by Mark Z

[EMSer 15]

UPDATE:

Now the Henry's are stating they are NOT suing for $$, they are suing so that they may be able to review and subpoena all evidence for themselves

WHITE PLAINS — The parents of slain Pace University football player Danroy "DJ" Henry Jr. will file a federal lawsuit this afternoon against the police officer who killed him. The family said they are not suing for money, but to get access to 911 audiotapes, store surveillance video, testimony and police reports from the Oct. 17 shooting of the 20-year-old junior.

LoHud

Edited April 20, 2011 by EMSer

[INIT915 1,119]

LoHud

I read the comments that someone may think that Hess' lawyer might "settle" just to get these people to go away, but this is one thing I want played out in a court to end this once and for all. We should start a "fund" to allow private money to be donated to Hess and his legal team in the event that they are forced to "settle" as a result of lack of funds.

The Henry's are wealthy people, this may be their intent all along - to drag Hess in the mud until he has no more money and is forced to give up.

What do you guys think?

A "Fund" had already been started for Hess to offset legal expenses. Started by his Union by the way, those narcissistic money grubbers!!! (For everyone else, yes, I'm being sascastic.)

[INIT915 1,119]

While criminally negligent, saying he attempted to murder Officer Hess is a little excessive. He did not drive away with the intent to end Officer Hess's life. Assaulting a police officer with a deadly weapon is what occurred. Murder needs intent, and I think he was just trying to escape the situation.

I could be totally wrong though, and maybe my optimistic view on some people is too much and he did actually want to end Officer Hess's life. All I know, is that Officer Hess gets to go home to his family, and the perp does not; and thankfully it ended that way.

Murder needs intent? Really, even here in New York? I refer you to NYS Penal Law Section 125.25 Subd. 2.

On a side note, I agree with you, I doubt that was his "intent", however his actions were depraved and reckless and did in fact threaten Officer Hess's life.

[EMSer 15]

A "Fund" had already been started for Hess to offset legal expenses. Started by his Union by the way, those narcissistic money grubbers!!! (For everyone else, yes, I'm being sascastic.)

as long as it's private money, there will never be a concern

obviously taxpayers will be footing the bill for the villages attorney, but no public funds should be used for Hess' personal legal expenses. if you can message me with an address of where to send a check, i'd like to contrubute my PRIVATE funds to this cause

[INIT915 1,119]

as long as it's private money, there will never be a concern

obviously taxpayers will be footing the bill for the villages attorney, but no public funds should be used for Hess' personal legal expenses. if you can message me with an address of where to send a check, i'd like to contrubute my PRIVATE funds to this cause

Actually, legally speaking, public funds can be used for Hess's defense, as long as he is indemnified by his employer. (Which I'm sure he will be).

And speaking personally, public funds should be used, as Hess was acting appropriately and in the performance of his official duties.

[SageVigiles 1,194]

I would also like the address to send a check for the legal defense fund for PO Hess. Somebody PM me please.

[helicopper 1,050]

as long as it's private money, there will never be a concern

obviously taxpayers will be footing the bill for the villages attorney, but no public funds should be used for Hess' personal legal expenses. if you can message me with an address of where to send a check, i'd like to contrubute my PRIVATE funds to this cause

You contradict yourself here. The "villages attorney" (either staff or retained) is representing Hess so you have public funds defending him personally. This is completely appropriate as he was acting on behalf of the Village when the shooting occurred.