The Massachusetts family of a Pace University football player killed by police is starting the engine on a possible lawsuit against the police officers that the family feels are responsible for the shooting.
The Henry family lawyer Michael Sussman says that he has filed notice of a $120-million claim against the town of Mount Pleasant and the village of Pleasantville.
Municipal officials did not immediately return phone calls.
Danroy ((DJ)) Henry, was killed October 17th after police were called to a disturbance that was outside of a bar in the town of Thornwood, New York.
He was shot through the windshield of his car as he was behind the wheel. Eyewitness accounts of the shooting are quite different from one another, and a grand jury is investigating the case.
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Sussman alleges that the police officer committed murder with his gunshot through the driver's window, but the officer's lawyer said he was thrown onto the hood of the car when Henry ran into him and he had no alternative.
Autopsy results revealed that Henry had a BAC above the legal limit for driving in the state of New York. Sussman disputes that finding as well.
The notice of claim alleges that the two New York towns that had officers on the scene were negligent in hiring and the training officers and that all of the officers were negligent when they used deadly force.
The $120 million figure in the notice of claim, Sussman says, reflects "the family's valuation to the extent they can give any monetary valuation" of their son's worth.