(FOX 25 / MyFoxBoston.com) - A tragic night for the family of DJ Henry, the Pace University football player shot and killed by a police officer outside of New York, was revisited on Tuesday as the officer who shot the young man sat down with the family's lawyer.
DJ Henry's family filed a civil lawsuit in federal court against the police officer who shot and killed the Easton native. It was the first time Aaron Hess faced questions from the Henry family's attorney, and it was the first time he came face-to-face with other Pace University students who were there the night of the shooting.
Desmond Hines was in the car when his friend DJ Henry was shot and killed two years ago.
"We are here to get justice for my brother, my fallen brother. We won't stop until that happens," Hines told FOX 25 affiliate WNYW.
Hess arrived in federal court in Westchester County on Tuesday morning to give his deposition as part of a civil lawsuit filed by Henry's family.
Damon Jones, a Henry family supporter, told WNYW, "Today is the day…that we're going to find out if Officer Aaron Hess actually followed policy and procedure."
Back in October 2010, Henry, a sophomore football player at Pace University, was driving away from a bar in Thornwood, N.Y. on Homecoming Weekend. Police say the 19-year-old ignored orders to stop and rammed Officer Hess into the car throwing him onto the hood. Hess said he had no choice, but to fire through the windshield to stop the car.
Dash cam video released this March as part of the civil case show Hess laying on the pavement moments after the shooting receiving medical attention from a good Samaritan. In the background, Henry was on the ground, handcuffed and unattended for several minutes.
Autopsy results did show Henry had been drinking the night of the shooting. His family denies this claim.
A grand jury cleared Hess of any criminal wrongdoing. The officer's lawyer said on Tuesday that he did not want to try the case in the media, but did pledge his client would answer any questions honestly.
Attorney Bonita Zelman is representing seven other Pace students who have also filed lawsuits alleging police misconduct.
The deposition hearing is expected to last more than a few days. Attorneys for the Henry family said on Tuesday that they will eventually release transcripts from the hearings.