Henry's Attorney to Examine Vehicle, Blood Sample

The lawyer for Danroy "DJ" Henry's family, Michael Sussman, said he wants an independent investigation into the police shooting death of the former Pace University and Oliver Ames High School student in New York.

In a phone conference with the media Wednesday, Sussman spoke about the investigation underway to find the truth behind the fatal shooting of Henry by Mount Pleasant police.

While Pleasantville officer Aaron Hess and Mount Pleasant officer Ronald Beckley both fired their weapons, it is still unknown which officer fatally wounded Henry.

The officers opened fire outside of Finnegan's Bar in Thornwood, N.Y. early in the morning on Oct. 17. Mount Pleasant police said Henry struck two officers with his car and was heading toward a third before shots were fired, but witnesses have claimed otherwise, according to the Henry family lawyer.

Sussman said it is impossible for either party to conduct an objective investigation.

"Our investigation cannot be deemed independent or impartial since we represent the family," he said. "The people's investigation which involves investigations by the police agencies involved cannot be considered in any way impartial. They have legal liability depending on what their conclusions are, so anyone who thinks that is impartial does not understand the system, from my point of view."

Sussman has asked the U.S. Department of Justice to get involved in the case. While his requests have been heard by the department, they have yet to step in.

In the meantime, Sussman and the Henry family have undertaken their own investigation into the shooting, beginning with examination of Henry's body and the car he was driving during the incident.

While Sussman released a request for autopsy results, he said he still has not received any. He said the delay is likely caused by toxicology reports, which he said take two to three weeks to finish.

Sussman said he will receive a blood sample to be examined by toxicology firm as well.

"We have attained a firm to do that," he said. "They are a respected Pennsylvania-based firm. We asked for that last week on the first day of the investigation. I do expect them to a thorough toxicological investigation."

Additionally, Sussman has hired an investigator to examine the motor vehicle Henry was driving when he was shot. He said the Nissan was taken to an undisclosed location in Westchester County, N.Y.

Sussman said the New York District Attorney's office is working with Nissan to attain the "black box" from the car - a device that will help determine how fast the car was going when shots were fired.

According to the lawyer, the car has five bullet holes. One is on the hood, three are through the windshield and another is through the driver's side window.

Sussman and the Henry family have denied requests from the district attorney's office to meet with the family.

On Oct. 25, the DA's office wrote a letter to Sussman's offices.

"As you are aware, this office is in the process of carrying out its obligation to fully investigate the circumstances surrounding the death of Danroy Henry Jr. on Oct. 17," the letter said. "The evidence developed during the investigation period will be presented to a grand jury - an impartial panel of ordinary citizens of West Chester County. When that occurs, the investigation will be detailed thoroughly and free from any conflicts that interfere with an officer's ethical responsibility to ensure the proceedings are fair and consistent with the interest of justice."

"My response to that letter is: 'I do not live in a fantasy land'" Sussman said.