Defending DJ

Summary

---

48 Hours – “Defending DJ”

Date: June 11, 2026
Podcast Host: CBS News
Episode Theme: Examining the tragic 2010 shooting of DJ Henry, a Black college student, by police outside a bar in Mount Pleasant, NY. The episode uncovers the Henry family's pursuit of truth and justice, conflicting narratives between police and witnesses, the ensuing legal battles, and the legacy DJ leaves behind.

---

Episode Overview

This episode of “48 Hours” investigates the death of Danroy “DJ” Henry Jr., a 20-year-old Pace University student, shot and killed by a police officer outside a New York bar in 2010. Through interviews with the Henry family, friends, attorneys, and law enforcement, the episode reveals how the family navigated grief, questioned the police narrative, and sparked a national conversation on policing, justice, and race.

---

Key Discussion Points & Insights

The Henry Family’s Life Before the Tragedy

• The episode begins with intimate reflections on DJ's close-knit family, their American dream, and how DJ was a role model, surrogate dad, and beloved son.
  • "We are like our own little universe, the five of us." — Angela Henry (01:01)
  • DJ’s first tattoo read “family first."
  • The family recalls his gentle spirit, his leadership, and his promise as a student athlete.
• The suddenness of the loss is emphasized through first-person family accounts of learning about DJ's death and their immediate response.
  • "I remember just falling to my knees." — Dan Henry (02:29)
  • "To see your brother...lifeless. And it was the most horrifying thing I've ever seen." — Kyle Henry (05:05)

The Shooting – Conflicting Narratives

• The police version of events:
  • DJ Henry, after being told to move from a fire lane outside Finnegan’s Grill, allegedly accelerated, striking Officer Aaron Hess, who then shot him.
  • "A vehicle...accelerated from the scene. Officer attempted to stop that vehicle. That vehicle struck that officer. He was propelled onto the hood..." — Chief Louis Elagno (09:44)
• The family and witnesses’ version:
  • DJ was leaving peacefully with friends. When an officer approached as they were pulling away, chaos erupted.
  • DJ's friends dispute any aggressive driving or intent to harm.
  • "We weren't doing anything wrong. We were in a wild, wild west. That's what it felt like." — Desmond Hines (13:43)
  • Brandon Cox describes seeing an officer with a gun rushing at them as they slowly pulled away, not expecting violence.
    • "He just pulled off slowly...As we come around that curve, I can see somebody running...with their gun raised." — Brandon Cox (14:49)
  • Officers handcuffed the wounded DJ instead of helping, and delayed medical aid.
    • "No one was by him...His eyes were open. I saw blood in his mouth. And that's at the moment I was like, y'all killed him." — Daniel Parker (17:32, 17:41)

Media & Institutional Response

• The police held press conferences before speaking to the family and quickly characterized DJ as the aggressor.
  • "The effort clearly was to villainize our son. It was to make him seem like a criminal thug that needed to be stopped." — Dan Henry (13:30)
• The Henrys found themselves fighting public perception just as much as legal injustice.
  • "We were pushing hard against a very strong current in those early days because they beat us out there with a narrative." — Dan Henry (12:23)

Legal Proceedings & Pursuit of Justice

• The grand jury chose not to indict Officer Hess.
  • "The DA's office in Westchester county executed a sham." — Dan Henry (21:20)
• Federal civil rights investigation was launched, but after years, prosecutors declined to charge, citing a high standard of “willfulness.”
  • "Proving willfulness would be hard...the standard for prosecution was a high standard." — Michael Sussman (36:36)
  • Settlement reached: $6 million from Pleasantville (not to be used by the Henrys, who consider it “blood money”) and a later, undisclosed settlement with Mount Pleasant.
    • "It's blood money to us." — Dan Henry (37:58)
• Family received a rare public apology from Mount Pleasant.
  • "We felt that they mischaracterized our son in public, so the apology should be made public." — Angela Henry (38:34)

A Key Turning Point – Officer Beckley's Testimony

• Officer Ronald Beckley, originally cited as firing “at DJ’s vehicle,” testified under oath that he actually fired at Officer Hess — seeing Hess as the aggressor, not DJ.
  • "He was willing to go against the script to try to stand up for what was true." — Michael Sussman (28:04, 30:25)
  • Beckley’s testimony refuted the official narrative and cost him his career.
    • "The blue coat of silence does exist. And Beckley knew...that his career was over." — Michael Sussman (30:55)

Disputed Evidence & Claims

• Disputed claims about DJ’s speed—police claim he sped, witnesses and security video indicate slow movement.
  • "I would say maybe 10 to 15 miles per hour. Nothing reckless. Nothing dangerous." — Desmond Hines (31:57, 32:00)
• Police cited DJ’s blood alcohol level. His friends and lawyer counter that he showed no signs of impairment, and officers could not have known about his drinking at the scene.
  • "No officer at that scene had any knowledge of DJ's drinking. So he wasn't acting like he was drunk." — Michael Sussman (34:45)
  • "If he was drunk...it's that simple." — Michael Sussman (34:45)

Aftermath and Legacy

• Despite legal losses, the Henrys focus on honoring DJ's life with the DJ Henry Dream Fund, sending children to camps and sports programs.
  • “The foundation was a way to honor our son's love of fitness and sports.” — Angela Henry (40:57)
  • “What moves me the most is when kids ...say thank you to Danny. That's powerful.” — Dan Henry (41:15)
• The family reflects on keeping DJ’s true legacy alive.
  • "I want them to remember his life, not his death. I want them to remember the giving, kind, nurturing, loving spirit that he is." — Dan Henry (42:19)
  • "He would have done great things...amazing person that this world loves." — Kyle Henry (42:31)
• Angela and Dan express hope and continued grief.
  • “I know that there's more. I just know at the end of the day, I'll get to be with them again.” — Angela Henry (43:05)

---

Notable Quotes & Memorable Moments

• On the loss and its impact:
  • “We are like our own little universe, the five of us.” — Angela Henry (01:01)
  • “He was the surrogate dad to his siblings. They looked up to him.” — Dan Henry (01:12)
• On the police narrative:
  • "The effort clearly was to villainize our son. It was to make him seem like a criminal thug that needed to be stopped." — Dan Henry (13:30)
• Officer Beckley’s courageous testimony:
  • “Beckley showed tremendous courage both at the scene and afterwards, because the blue coat of silence does exist...his career was over.” — Michael Sussman (30:55)
  • "The person who apologized to the Henrys, the person who cried with the Henrys, was Officer Ronald Beckley, who said to them...I wish I could have stopped this and broke down." — Michael Sussman (31:18)
• On the settlements and apology:
  • "It's blood money to us." — Dan Henry (37:58)
  • "We felt that they mischaracterized our son in public, so the apology should be made public." — Angela Henry (38:34)
• Remembering DJ:
  • "I want them to remember his life, not his death." — Dan Henry (42:19)
  • "He would have done great things if he was here. Destined for great things, amazing person that this world loves." — Kyle Henry (42:31)

---

Timestamps for Key Segments

• Family Background and Reactions
  • [00:37 – 06:09]: Family memories, learning of DJ’s death
• Competing Narratives Emerge
  • [07:06 – 18:40]: Police vs. friends’ accounts, witness details, aftermath at the scene
• Legal and Public Battles
  • [18:52 – 22:24]: The family’s hiring of attorney Michael Sussman, grand jury and DOJ actions
• Officer’s Perspective and Depositions
  • [22:37 – 28:03]: Aaron Hess’s account, depositions, Beckley’s pivotal testimony
• Challenging Police Evidence
  • [28:04 – 35:02]: Security video, disputed BAC, deliberations over DJ’s actions
• End Results and Reflection
  • [36:01 – 43:05]: Final legal outcomes, public apology, creation of the Dream Fund, family’s closing reflections

---

Conclusion

The episode "Defending DJ" powerfully details the tragic loss of DJ Henry, the struggle for accountability, and the resilience of the Henry family in fighting for their son’s truth. While no criminal charges were brought against Officer Hess, the episode underscores how the Henrys’ pursuit of justice achieved the public clearing of their son’s name and spurred conversation about policing and race. The Henrys’ efforts to transform their grief into the positive legacy of the DJ Henry Dream Fund offer a message of hope and enduring love.

---

Transcript

[Narrator]

Mom, can you tell me a story?

[Mom]

Sure. Once upon a time, a mom needed a new car.

[Angela Henry]

Was she brave?

[Mom]

She was tired mostly. But she went to Carvana.com and found a great car at a great price. No secret treasure map required.

[Narrator]

Did she have to fight a dragon?

[Angela Henry]

Nope.

[Mom]

She bought it 100% online from her bed, actually.

[Angela Henry]

Was it scary?

[Mom]

Honey, it was as unscary as car buying could be.

[Narrator]

Did the car have a sunroof?

[Mom]

It did, actually.

[Narrator]

Okay, good story.

[Mom]

Car buying you'll want to tell stories about. Buy your car today on Carvana. Delivery fees may apply.

[Amber Henry]

That day was full of laughs. We got there. The energy was great. My whole family was there.

[Dan Henry]

I think I made all the games in homecoming.

[Narrator]

We were all.

[Dan Henry]

We were all there. We had driven up and we were there to see the game. Dj, he was my shadow. He and I were together all the time.

[Kyle Henry]

My family's really close.

[Dan Henry]

Really close.

[Kyle Henry]

Always been really close.

[Angela Henry]

We are like our own little universe, the five of us.

[Amber Henry]

Dad called him dj. Mom would call him Danny.

[Angela Henry]

Danny, always.

[Dan Henry]

He was the surrogate dad to his siblings. They looked up to him.

[Amber Henry]

I struggled with math as a high school student, and he'd be the first one to sit down and be like, okay, well, let's figure it out.

[Angela Henry]

He. Was, oh my gosh, a joy. A Pied Piper in the neighborhood. All of the kids loved him. The biggest smile you've ever seen and a very gentle spirit. We'd driven up there the same day, watched the game, hung out, and then drove back home.

[Dan Henry]

So very early in the morning, I was startled awake and I said to Angela, someone is at the door. It was two police officers. They said, Mr. Henry, your son has been in an accident. He handed me a slip of paper and said, you need to call this number.

[Angela Henry]

The nurse on the phone said, are you Mrs. Henry? I said, yes. I heard my son was in an accident. And I kept saying, well, what happened? What happened? And she said, he was shot. And I said, who would shoot him? I can't understand who would shoot him.

[Dan Henry]

The nurse gave the phone to one of the attending physicians who got on the phone and said, he died. I remember just falling to my knees.

[Mom]

DJ Henry was a 20 year old Pace University junior back in October of 2010 when he was fatally shot in his car.

[Daniel Parker]

I heard what sounded like firecrackers and I heard a car screech. I didn't think anything of it. Homecoming, someone's probably had fireworks. Last thing I thought about was what ended up being the case.

[Kyle Henry]

Everybody wasn't buying the original story, it

[Michael Sussman]

immediately didn't fit together. So I had suspicions from day one.

[Brian Sokoloff]

People believed fervently that they knew what happened. And whenever you hear of a case like this, like this, you can't believe first impressions.

[Michael Sussman]

Something really significant happened in this car.

[Interviewer]

Do you keep evidence from every case that you handle?

[Michael Sussman]

This was an unusual situation. I needed it to be here. So perhaps a day like today would come when we could tell the story of what really happened here.

[Angela Henry]

I never thought in a million years it would turn out the way it did.

[Dan Henry]

We don't need some version of the story that protects one side or the other.

[Angela Henry]

Our whole goal was to just get the truth.

[Narrator]

It was in the early morning of October 17, 2010.

[Dan Henry]

It was early. It was after the midnight hour.

[Narrator]

The serenity of Dan and Angela Henry's home in Easton, Massachusetts, was shattered with the unfathomable news that their eldest son, D.J. had been shot to death.

[Dan Henry]

And I think they heard me scream that he died and came back down.

[Angela Henry]

And I just remember laying on the floor crying. And Kyle came over and stood over me, and he just grabbed my shoulders, and he said, mom, look at me. It's gonna be okay.

[Narrator]

Their younger son, Kyle, we just rushed

[Kyle Henry]

out of the house. I don't even remember if we locked anything up. I didn't even have shoes on.

[Narrator]

The drive from Easton to the Westchester County Medical center in New York was over three hours.

[Dan Henry]

We didn't want him there by himself. And so we. We prayed all the way.

[Interviewer]

What was it like when you got to the hospital?

[Angela Henry]

As soon as we saw him, we all just screamed and cried. Dan grabbed him and just held him and talked to him, prayed with him, told him that we loved him.

[Kyle Henry]

To see your brother, the person you grew up with, My whole life has been with him. And then you see this person lifeless. And it was the most horrifying thing I've ever seen in my life.

[Angela Henry]

He had scrapes and scratches and cuts that he didn't have. I just couldn't believe it.

[Narrator]

The Henry's daughter, Amber, got to the hospital later.

[Amber Henry]

So my mom came out of the doors. She said, I need to come take you to say goodbye. It was definitely a moment. I knew right there that my life was gonna change.

[Narrator]

The life the Henrys built was an American dream. Dan, an Ivy League graduate, enjoyed a successful career as a human resources executive. His wife, Angela, made the choice to stay home with their three children.

[Angela Henry]

So we knew right away that we wanted to work as hard as we could to provide for our children a stable home. Two parents.

[Narrator]

Amber, a recent college graduate, is the youngest.

[Amber Henry]

We are so full of love and we just want the best for each and every one of us.

[Narrator]

Kyle, an independent music artist, is in the middle.

[Kyle Henry]

Always had each other's backs, always been very strong in each other's lives.

[Dan Henry]

We're in the cafeteria right now. The cafeteria.

[Narrator]

Danny, a handsome student athlete, was the oldest.

[Angela Henry]

When he played sports, there was inevitably another Dan or Danny. And so Dan started calling him dj.

[Narrator]

DJ embraced his family so much that it inspired him to get a tattoo.

[Angela Henry]

His first tattoo was family first.

[Dan Henry]

I looked down and saw what he did and said, oh, that was, that was well played. The kid, dj, he's an amazing kid. He wasn't perfect man was he. A good guy with immense promise.

[Narrator]

So what happened? How did the Henrys end up in a hospital crying over their 20 year old son's body? Dan called the police investigator in charge and was floored by what he was told.

[Dan Henry]

So he said DJ was trying to run over two police officers and that they had to shoot him to stop him.

[Narrator]

The Henrys were dumbfounded. They knew DJ was out celebrating with friends after homecoming, but they could not imagine their son running down police with his car.

[Dan Henry]

Something had to have happened if that happened, like what caused him to do something that's so outside of his character. And Brandon affirmed for us that he didn't.

[Narrator]

Brandon Cox, DJ's best friend, was also at the hospital.

[Angela Henry]

Brandon came in and sat down next to Danny's bed and he just said he didn't deserve this.

[Narrator]

From what the Henrys could piece together, DJ, Brandon and another friend were in DJ's car waiting outside of a bar and police asked them to move out of a fire lane.

[Dan Henry]

Brandon said they weren't doing anything. And that out of the clear blue, some guy flashes across with a gun and starts shooting and then before he knows it, he's on the car and he's shooting at them.

[Narrator]

Brandon was sitting next to DJ in the car. He was shot in the arm but escaped serious injury.

[Angela Henry]

And we said, Brandon, we need to know everything. And Brandon said no. We were driving, we were leaving. And he just kept saying he didn't deserve this.

[Narrator]

The family wanted answers and that morning headed to the Mount Pleasant police station just hours after saying goodbye to their son.

[Dan Henry]

And we wanted to look him in the eyes and just say, you know, you need to know a little bit about our son.

[Narrator]

What the Henrys did not know is that the police chief, Louis Elagno, had already conducted a press conference implicating their

[Chief Louis Elagno]

son at about 1:20am this morning, Mount Pleasant Police received a call of a disturbance.

[Narrator]

I respond to Finnegan's fight in progress, elagno said. Several police officers responded to a fight at Finnegan's Grill, a local bar about two miles from Pace University's campus. Reportedly, unruly patrons had spilled into the parking lot. It looks like it's just a large gathering of the bar outside, according to Elagno. When a policeman approached the car in the fire lane, the vehicle sped off and struck an officer.

[Chief Louis Elagno]

For an unknown reason, a vehicle that had been parked in a fire lane near Finnegan's Grill accelerated from the scene. Villager Pleasant officer attempted to stop that vehicle. That vehicle struck that officer. He was propelled onto the hood.

[Narrator]

Goodbye vehicle, elagno said. The car continued to accelerate and the officer on the hood of the car shot the driver. That driver was DJ Henry.

[Chief Louis Elagno]

I'm truly saddened by the events that occurred this evening. My condolences go out to the family of the young man that died in this event.

[Narrator]

The Henrys didn't want condolences. They wanted to know how Chief Elagno could make a public statement about their son without talking to them first.

[Interviewer]

And you asked the question that they would conduct a press conference without even having talked with you as family.

[Narrator]

And the response was that's what the

[Dan Henry]

officers on the scene told me happened basically. And we pressed and said, look, we want truth. What we want is truth.

[Narrator]

That moment began a long legal journey that would take the Henrys from a strip mall in New York all the way to the United States Department of Justice.

[Dan Henry]

We're not anti police, we're just trying to understand what the facts tell us. Was it a justified shooting or was it not justified? Because if it wasn't, it was murder.

[Weight Loss by Hers Announcer]

Losing weight is one thing, but keeping it off? That's where it gets really frustrating. That's why Weight Loss by Hers now offers access to the FDA approved Wegovy pill and the FDA approved Wegovy pen. Wegovy is designed to help you lose weight and keep it off. Everything is 100% online. Through hers, you'll connect with a licensed provider who will determine if treatment is right for you. If prescribed, your medication is delivered right to your door. No insurance necessary. And it doesn't stop there. Weight loss by hers goes beyond medication by offering access to 24. 7 messaging with your care team and tons of in app lifestyle and nutrition tips like recipes, meal plans, fitness videos, sleep content and more. Ready to reach your goals? Visit for hers.com 48 hours to get personalized affordable care that gets you. That's F O R H E-R S.com 48 hours for hers.com 48 hours Weight loss by hers is not available in all 50 states. WeGovy is the registered trademark of Novo Nordisk. As to get started and learn more, including important safety information, WeGovy clinical study information and restrictions, visit for hers.com wcbs

[Dan Henry]

newstime 104 Police in Westchester in the community of Mount Pleasant, fire at a speeding vehicle, killing the driver, identified as a Pace University student. We were pushing hard against a very strong current in those early days because they beat us out there with a narrative.

[Narrator]

And that narrative, as DJs parents saw it, was that police were blaming DJ for his own death.

[Chief Louis Elagno]

Good morning, everyone.

[Narrator]

The day after DJ was killed, Chief Louis Alagno held a second press conference and gave more details.

[Chief Louis Elagno]

The Pleasantville officer that was involved was police officer Aaron Hess. Police Officer Hess was the officer that ended up on the hood of the deceased's vehicle. Officer Hess drew his pistol and fired

[Narrator]

into the vehicle, and he said DJ was accelerating toward a second officer, Ronald Beckley, who had also fired at his car.

[Chief Louis Elagno]

Another officer, Mount Pleasant Officer Beckley, was also standing in a fire lane as his vehicle drove towards him. He also discharged his weapon at the vehicle.

[Dan Henry]

The effort clearly was to villainize our son. It was to make him seem like a criminal thug that needed to be stopped.

[Narrator]

But DJs friends say that is not how it happened.

[Desmond Hines]

We weren't doing anything wrong. We were in a wild, wild west. That's what it felt like.

[Narrator]

DJs teammate Desmond Hines was in the car that night with DJ Brandon and two other friends who went to Finnegan's.

[Desmond Hines]

As long as the football team was together, that's where we wanted to be having fun.

[Narrator]

After that fight broke out, the bartender called police, and soon six officers arrived. DJ and his passengers were not involved, and they headed to the doors.

[Brandon Cox]

So it seemed a little bit early, but the lights came on and the bouncers were telling everybody to get out.

[Narrator]

And I heard DJ's friend Brandon Cox.

[Brandon Cox]

They said, it's done, it's done. So we're leaving.

[Narrator]

You can see DJ here in security footage just minutes before he was shot. DJ Brandon and Desmond waited outside in DJ's car for their two other friends. Brandon was in the front seat. As they were waiting, he remembers an officer tapping on the back window, asking them to move.

[Brandon Cox]

And he started to make a forward motion to move forward. That's when DJ puts the car into drive and starts to pull away. He just pulled off slowly. And so where we were parked, it was like. There was like a curve in the. In the roadway. As we come around that curve, I can see somebody running from in between those two cars with their gun raised.

[Desmond Hines]

I look and I see this stance, Two hands on something. I never. I didn't see the gun.

[Interviewer]

Two hands pointed at.

[Brandon Cox]

Pointed at the vehicle.

[Narrator]

Within seconds, that somebody, Officer Hess, was up on the hood shooting.

[Brandon Cox]

I could feel something hit my arm at that moment. Not sure what's going on, not sure what it is. And I'm just ducking down to just try to get out of harm's way.

[Narrator]

Brandon and Desmond both say they never saw that second officer, Ronald Beckley, at all.

[Desmond Hines]

I didn't hear anything. It was like everything was silent. But I just saw bullet holes after bullet holes. There was three or four total.

[Narrator]

At least one bullet hit the seat next to Desmond. Brandon had that graze wound to the arm. And DJ was shot twice through his lungs and his heart.

[Brandon Cox]

DJ goes, they shot me. They shot me.

[Desmond Hines]

And then he just made this moan, this moan that I will never forget.

[Narrator]

DJ's car crashed into a parked cruiser and stalled to a stop here. Two officers took DJ out, handcuffed him, and laid him on the ground. Desmond remembers being pulled out by yet another officer.

[Desmond Hines]

And he slammed me on the ground, and I go, officer, we did absolutely nothing wrong. And he had a gun, and he pointed to the back of my head. He said, shut the up. And at that point, I thought I was gonna die.

[Daniel Parker]

I was asking her on the. What happened? What happened?

[Narrator]

Daniel Parker was friends with Desmond and DJ from the football team, and no one said anything.

[Daniel Parker]

You know, everyone was just, like, staring.

[Narrator]

He came out of Finnegan's shortly after hearing a disturbance outside. Cell phone video shot by a fellow student captured that scene. Daniel spotted Desmond here on the sidewalk, also in handcuffs.

[Daniel Parker]

I was like, desmond, are you okay? And she was saying, like, they shot dj.

[Narrator]

This is dash cam video from a cruiser that pulled in after the shooting. On the right is Officer Hess. Behind him is DJ lying in the road.

[Daniel Parker]

You know, I saw that no one was by him. And I was looking. I was like, you gotta be kidding me. Like, what's happening right now? Why is no one helping him?

[Narrator]

The first person to try and revive DJ was this woman in the white sweater, a civilian.

[Daniel Parker]

I saw her struggling to try to give him compressions, and I was like, hey, you know, that's my teammate. Can I go help him? I said, I'm CPR certified. Cannot help him no answer. He was just like, get the back. And his eyes was open. I saw blood in his mouth. And that's at the moment I was like, y' all killed him, Daniel says.

[Narrator]

After saying that, he was also thrown to the ground and handcuffed. Ten long minutes had elapsed from that first call about the shooting before DJ was finally hooked up to a defibrillator. In the days after losing their eldest son, Dan and Angela Henry had to confront more than just their grief. They were facing two very different versions of events, one from the police and another from DJs friends.

[Dan Henry]

So we immediately had a conflict. Clearly we knew we needed to have counsel, but I needed a really good local attorney who would push hard to get at Truth.

[Narrator]

The Henrys hired Michael Sussman, a legendary civil rights attorney from New York.

[Michael Sussman]

And I remember in that first meeting, Dan Wright looking at me and saying to me, I don't want to make this about race. I don't want that to be the narrative. I want to understand the details of why it happened.

[Narrator]

Officer Hess, his knee badly injured, was also taken to the hospital that night. And soon he too had a lawyer of his own.

[Brian Sokoloff]

He doesn't see himself as some kind of hero. Aaron Hess is a victim.

[Narrator]

The Second World War is the largest event in human history. A 20 part series with Tom Hanks. No part of the globe was untouched, no life unchanged.

[Interviewer]

Experience.

[Narrator]

The ultimate account of World War II. Every single person had a story. These are the stories that make us who we are. Listen to World War II with Tom Hanks on Apple, Spotify, or wherever you get your podcasts.

[Dan Henry]

We gathered together to talk about being a catalyst for change.

[Narrator]

Let us pray together.

[Amber Henry]

I have to get up every day without him. I have to come home to an empty room. I'll often stare at his picture and just. I'll just talk to him. I'll just sit there and just really try to absorb the fact that this is how I'm supposed to be living now.

[Narrator]

In the months after DJ's death, as his family grieved, the Westchester District Attorney's office began an investigation, standard procedure at the time. In January of 2011, they convened a grand jury to see if Officer Hess should be charged with any crime. DJ's father, Dan Roy, was called to testify.

[Dan Henry]

The only questions I was asked two weeks before the grand jury wrapped up was, did I know that DJ drank occasionally? That's it.

[Narrator]

A month later, Mr. Henry got a call. Aaron Hess was not indicted on any charge.

[Dan Henry]

The DA's office in Westchester county executed A sham.

[Interviewer]

Pretty strong words.

[Dan Henry]

Yeah, that's what they did. And if I could think of a stronger word, I'd use it.

[Michael Sussman]

The gentleman was not charged with anything criminally negligent homicide, manslaughter, murder, anything. There should have been a charge and there should have been a criminal trial. The Henrys should have had, if you will, the satisfaction, not that it's much satisfaction, of believing that their son's life had that much value.

[Narrator]

Hours after the grand jury decision, after Sussman's repeated urging, the U.S. department of justice began a separate investigation looking into a possible civil rights violation, a federal crime. Weeks later, Hess's union named him Officer of the Year. They said afterwards the award was not meant to be public.

[Angela Henry]

They wanted to do that privately to boost Aaron Hess's morale, to boost the officer's morale.

[Dan Henry]

Because he had been through a lot. Because he had been through a lot.

[Narrator]

While the Department of Justice was looking into the case, the Henrys filed wrongful death suits against Aaron Hess. The village of Pleasantville, where Hess worked, and the town of Mount Pleasant where DJ was shot.

[Amber Henry]

Can you miss your right hand, please?

[Narrator]

This time is in August 2012, nearly two years after DJ's death, Hess came to the US District Courthouse in Westchester for deposition in the wrongful death cases.

[Michael Sussman]

Were you the first police officer on the scene?

[Kyle Henry]

Yes.

[Narrator]

With their attorney, Michael Sussman asking questions. Dan and Angela Henry were there.

[Dan Henry]

It was really, really important to us to be in the room. We wanted to look in the eye of the guy that shot our son. We wanted to hear him tell us why. To see his face, to have him look us in the eye, to see Danny when he looked us in the eyes.

[Aaron Hess]

That night specifically was a bad night. I only reacted to what I thought, that I was going to be killed.

[Angela Henry]

Originally, I was worried that I was going to go in there and be just filled with anger. But I saw him and I just. I didn't feel anything for him.

[Narrator]

At the time DJ was killed in 2010, Aaron Hess was 33 years old, married and expecting twins. He had served four years in the Marines and and had been a police officer since 2000, first in New York City and later for his hometown of Pleasantville, New York.

[Brian Sokoloff]

That was Aaron Hess, well liked.

[Narrator]

Brian Sokoloff represents Aaron hess.

[Brian Sokoloff]

Up until October 17, 2010, he had never fired his weapon in the line of duty.

[Narrator]

Respond to Finnegan's fight in progress. Hess arrived at Finnegan's shortly after the call went out about the fight when that officer tapped on DJ Zwindle. Hess says he was standing in the parking lot about 30ft away.

[Brian Sokoloff]

Aaron Hess, who's around the bend, observes three things happen simultaneously. A, he hears an engine rev. B, he hears an officer yell, stop that car or stop that vehicle. And he sees an officer get turned off balance.

[Narrator]

Turned off balance.

[Interviewer]

Suggesting that.

[Brian Sokoloff]

Suggesting that something was amiss.

[Narrator]

Hess says that's why he stepped across the road to face DJ's car as it drove toward him.

[Michael Sussman]

Could you determine its rate of speed?

[Aaron Hess]

Fast.

[Brian Sokoloff]

He puts up his hand and yells, stop.

[Narrator]

Stop.

[Brian Sokoloff]

The car doesn't stop. He draws his weapon.

[Michael Sussman]

Why didn't you move out of the way of the vehicle?

[Aaron Hess]

Because I thought the vehicle was going to stop.

[Michael Sussman]

Why did you believe that?

[Aaron Hess]

I believe it was going to stop because every other vehicle I've asked to stop in my career have stopped. As the vehicle was coming towards me, I lunged forward as it hit my legs. At that time, as I was on the hood, the engine revved up again, and seemingly it seemed to me that I was trying to get thrown off the vehicle. At that time is when I. I fired my weapon.

[Narrator]

As he was shooting. Hess says he could not see anyone inside the car.

[Michael Sussman]

Who did you aim at?

[Aaron Hess]

The center mass of the driver.

[Michael Sussman]

So you saw the driver?

[Aaron Hess]

I saw the silhouette. I didn't physically see a driver.

[Narrator]

It wasn't until they were both lying in the road. Hess says that. That he first saw dj.

[Aaron Hess]

The first time I observed the driver, he was face down, handcuffed.

[Michael Sussman]

Could you tell whether he was alive?

[Aaron Hess]

No.

[Michael Sussman]

Could you see whether he was breathing?

[Aaron Hess]

No.

[Michael Sussman]

Now, what were you doing at that point?

[Aaron Hess]

Lying on the ground as well.

[Michael Sussman]

Was anyone tending to you at that point?

[Aaron Hess]

Hello. Want to take a break just give me a second?

[Chief Louis Elagno]

Sure.

[Michael Sussman]

Take your time.

[Brian Sokoloff]

I'd like somebody to tell me what other alternative Aaron Hess had on the hood of a moving vehicle. Other than trying to save his own life or closing his eyes and saying

[Michael Sussman]

his prayers, did you hear any comments or remarks about his status on the scene?

[Aaron Hess]

Yes.

[Michael Sussman]

What did you hear?

[Aaron Hess]

I heard someone say he's dead.

[Narrator]

Aaron Hess did not return to work after the shooting. He was on paid medical leave for two years, then retired with disability for his knee injury at the scene. Then, a few weeks after Hess was first deposed, the Henrys found support from a very surprising source. That second officer, whom Chief Elagno had said also fired at DJ's car, Ronald Beckley.

[Michael Sussman]

He was willing to go against the script to try to stand up for what was true.

[Narrator]

The Henry's lawyer, Michael Sussman, is determined to keep DJ Henry's memory alive in the driveway of his home. Why do you keep this car?

[Michael Sussman]

The car is a tangible representation of what happened. And when you see the bullet holes and you see the situation with the axle of the car here and the, the wheel, you have a very clear, constant reminder of what happened. And I think that's very important to the truth telling process.

[Narrator]

That truth, says Sussman, would come out during the wrongful death suits in the testimony of one brave police officer, Officer Ron Beckley. Who is he?

[Michael Sussman]

He's an American hero.

[Narrator]

Ronald Beckley directly refuted the official version put out by his own department.

[Michael Sussman]

In fact, the police chief's version was that DJ Henry was threatening Beckley, which Beckley disavowed and said, this is not what happened.

[Narrator]

According to sworn testimony in those wrongful death suits, Mount Pleasant police officer Ronald Beckley arrived on the scene that night and fired his weapon for the first time in his 30 year career at Aaron Hess.

[Michael Sussman]

He sees a person, as he described it, in dark clothing, jumping on a vehicle and he takes out his weapon and he fires a shot because he sees the person jumping on the vehicle as the aggressor and believes that that person is shooting and endangering other people and he has to try to stop him.

[Narrator]

Beckley did not realize that Hess was a fellow officer. Within hours of the incident, Beckley reported his account to his superiors. But the official version from Chief Louis Alagno misrepresented Beckley's version, leaving the impression that Beckley was shooting at D.J. henry.

[Chief Louis Elagno]

Another officer, Mount Pleasant Officer Beckley, was also standing in a fire lane as this vehicle drove towards him. He also discharged his weapon at the vehicle.

[Michael Sussman]

He was willing to go against the script to try to stand up for what was true.

[Angela Henry]

When Ronald Beckley did that, it was an answer to prayer.

[Narrator]

Aaron Hess's lawyer, Brian Sokoloff, says Beckley is no hero and that he broke department rules.

[Brian Sokoloff]

Officers are forbidden from firing at a moving vehicle. Instead of saying he was firing at the moving vehicle, he then says, I was firing at Aaron Hess.

[Michael Sussman]

Mr. Beckley didn't lie. Mr. Beckley showed tremendous courage both at the scene and afterwards, because the blue coat of silence does exist. And Beckley knew in a certain sense that his career was over.

[Narrator]

Ronald Beckley retired three months after DJ Henry's death. He was denied a full disability pension.

[Michael Sussman]

The person who apologized to the Henrys, the person who cried with the Henrys, was Officer Ronald Beckley, who said to them, in my presence, I wish I could have stopped this and Broke down.

[Narrator]

And then there is the question of how fast DJ Henry was driving. Michael Sussman gave us this video of a test conducted by Westchester county police. In it, DJs car is shown accelerating to where Aaron Hess was standing. But DJs friends made it clear that he was driving slowly.

[Desmond Hines]

I would say maybe 15, 10 to 15 miles per hour.

[Narrator]

Nothing reckless?

[Desmond Hines]

Nothing reckless.

[Narrator]

Nothing dangerous?

[Desmond Hines]

No.

[Interviewer]

Not endangering anybody. You saw no pedestrians at all?

[Brandon Cox]

Nope. There were no pedestrians in the. There was. There was nothing blocking our path.

[Michael Sussman]

Initially, what was told to me by the DA's office was that there were a group of civilians who were crossing the path in the parking lot. And that the thought was he had to stop this car from running over those civilians. And when we started pulling it apart, no one could ever identify these civilians, where they were, how Hess knew anything about them. I mean, it just. There was no justification. It made no sense.

[Interviewer]

Did he, Officer Hess, not have the option, the alternative of getting out of the way?

[Brian Sokoloff]

No, not at the time that he felt his life was in danger.

[Interviewer]

So no room to maneuver.

[Brian Sokoloff]

Not once he felt his life was in danger.

[Narrator]

However, Michael Sussman says this security video from the parking lot that night shows the brake lights of DJ Henry's car as he was nearing Aaron Hess. He was slowing down.

[Michael Sussman]

So I don't have to rely on a million eyewitnesses. I have the video showing the slowdown. I have the bullet holes. DJ was every young man. DJ was not doing anything that was out of character, out of ordinary. He just wasn't.

[Narrator]

But just after DJ's death, a toxicology report was leaked to the press that showed his blood alcohol level at.13. That means DJ would have been impaired that night. The Henry's lawyer disputes that.

[Michael Sussman]

The bar owner, who we spoke to and all the other people we spoke to about DJ in that bar said he had nothing to drink in the bar.

[Brandon Cox]

I did not see him have one drink at Finnegan's the entire evening. The entire evening that was there.

[Narrator]

According to DJ's friends, he did have one drink earlier in the evening back

[Desmond Hines]

at the dorm that night. I witnessed him having one drink.

[Interviewer]

That's it.

[Desmond Hines]

That was it.

[Narrator]

In a video from the bar that night, DJ does not appear to be impaired.

[Michael Sussman]

I didn't see him wobbly. I didn't see him behaving in any kind of aberrant or unusual way whatsoever.

[Narrator]

Brian Sonkeloff insists the toxic toxicology report proves that DJ was breaking the law and had a reason for trying to leave the parking lot quickly.

[Brian Sokoloff]

He did have a fake id. He was intoxicated. We produced a report by an eminent toxicologist. There's no other evidence on this. There's been no other report. No other expert contradicts this.

[Michael Sussman]

For those who say D.J. henry was drunk. Okay, let me make something very clear. No officer at that scene had any knowledge of DJs drinking. So he wasn't acting like he was drunk. If he was drunk, we have no real reason to believe he was. It's that simple.

[Brian Sokoloff]

I want to make this clear. We are not looking to demonize Damroy Henry, who tragically lost his life that night. An officer is entitled to protect his own life, and that's the answer.

[Michael Sussman]

DJ was devalued. It's the simplest way to put it. He was some kind of common criminal who was handcuffed, thrown to the gutter.

[Narrator]

Through their pain. As the raw, wrongful death suits dragged on, the Henrys were still waiting to see if the Justice Department would bring criminal charges in their son's case.

[Dan Henry]

We just wanted to know if he was. If he was justified in taking our son's life.

[Angela Henry]

These are DJs ashes. Burberry was his favorite. So that's why we have this Burberry finish. And then someone gave us this angel, which we felt was fitting to be here by 2015.

[Narrator]

It had been four years since the Justice Department began its investigation. The Henry's hopes were with then US Attorney Preet Bharara.

[Dan Henry]

And he said, look, I'm not afraid to prosecute these things. I'll take them on. You should know, I'm not afraid to do so.

[Narrator]

We were hopeful, but they were warned that it wouldn't be easy.

[Michael Sussman]

He said to us that the standard for prosecution was a high standard known as willfulness. There had to be a willful violation of civil rights. So you saw the driver?

[Aaron Hess]

I saw the silhouette.

[Narrator]

Proving willfulness would be hard because Aaron Hess said he could only see a silhouette when he made the choice to shoot DJ Henry from point blank range.

[Brian Sokoloff]

Aaron Hess could not see into the car. He did not know the race, the gender, the age of anybody in the car.

[Interviewer]

Do you think that the events of October 17, 2010, would have unfolded differently if the occupants of the car were white?

[Brian Sokoloff]

Absolutely not.

[Narrator]

The Henrys did not get the result that they sought.

[Dan Henry]

They chose not to pursue federal civil rights charges. There were no charges.

[Narrator]

The U.S. attorney found that Aaron Hess had to make a split second decision. And the law allows latitude for an officer's judgment. Despondent after exhausting all criminal options in 2016, the Henrys decided to to settle their wrongful death suit with the village of Pleasantville and Aaron Hess. The village paid $6 million.

[Dan Henry]

It's in a trust. We won't touch it. It's blood money to us.

[Interviewer]

Blood money?

[Angela Henry]

They want you to put a dollar amount on your child's life. How can you do that? There is no appropriate amount.

[Narrator]

In 2017, the Henry's also settled the wrongful death suit with the town of Mount Pleasant for an undisclosed amount. But they got something more valuable to them. A public apology.

[Angela Henry]

They wanted to apologize in private, but we felt that they mischaracterized our son in public, so the apology should be made public. Knowing that even in his death, they continued to bash his name and say such negative things is just adding salt to the wound.

[Narrator]

The town released this statement, which read in part. The town regrets any statement made on its behalf in the immediate aftermath of the incident and regrets the misimpression of DJ Henry those statements may have caused.

[Amber Henry]

If it were up to me, I wouldn't even want them to say anything. They've said enough. By what they've done, they've said enough.

[Narrator]

But something big was achieved. Seven long years after the tragic death of their promising young son, the Henrys cleared Danroy Henry Jr. S name.

[Angela Henry]

It was important because we knew who our son was and is.

[Interviewer]

Do you consider that public apology an admission of guilt?

[Dan Henry]

Yes. I mean, that's how we took it. I think in the public apology, they say it's not, but that's how we took it.

[Narrator]

But the fact remains that no criminal charges were brought in DJ Henry's case. Today, Aaron Hess is employed in private security.

[Interviewer]

When you do think about Officer Hess, what are your thoughts?

[Angela Henry]

I'm praying that at some moment in his life, he will fall to his knees and ask for forgiveness for what he did. And I pray that he never has to deal with it with his children.

[Dan Henry]

I try not to think about him.

[Michael Sussman]

Mm.

[Dan Henry]

I try not to. Good evening. My name is Dan Henry.

[Narrator]

Through their sorrow, the Henrys have found a way to honor their son's memory. In 2011, they started a charity called the DJ Henry Dream Fund.

[Angela Henry]

The foundation was a way to honor our son's love of fitness and sports.

[Narrator]

The fund sponsors children in need from New England to attend summer camps and programs. So far, it has given away over half a million dollars to deserving kids.

[Dan Henry]

What moves me the most is when kids that come and tell their stories say thank you to Danny. That's powerful.

[Narrator]

DJ Henry's life was powerful. Childhood friend Brandon Cox keeps a wristband.

[Brandon Cox]

He says, this is to the memory of Dan Roy Henry. No matter what, I'm gonna remember him. He's a part of me forever.

[Narrator]

Today, the Henry spend a lot of time on Martha's Vineyard. They came here as a family when DJ was alive. Now they keep him alive in their hearts with the memorial bench that overlooks the ocean.

[Angela Henry]

Try not to get sad.

[Dan Henry]

Yeah.

[Interviewer]

What do you want people to remember about dj? About Danny?

[Dan Henry]

I want them to remember his life, not his death. I want them to remember the giving, kind, nurturing, loving spirit that he is.

[Kyle Henry]

We should know that he would have done great things if he was here. Destined for great things, amazing person that this world loves.

[Amber Henry]

Danny would walk around the house and say, I have to travel. I don't have the time. You know, I have to do this. I don't have the time. And we would look at him and say, you have all the time. You have your whole life. In his mind, I think he knew that maybe he wasn't supposed to be here on this earth in a physical form for very long, that he was maybe supposed to help in a different way.

[Angela Henry]

I know that there's more. I just know at the end of the day, I'll get to be with them again.

[Paramount Plus Announcer]

In 2021, a new unit of the New York State Attorney General was established to investigate any alleged criminal offenses committed by officers resulting in civilian in deaths and prosecute them if warranted. Sunday, June 14 Paramount plus presents A Night for the Ages live at the White House.

[Narrator]

UFC stars don't come bigger than this.

[Paramount Plus Announcer]

The world's greatest fighters on America's biggest stage. This is the moment we have all been waiting for. Featuring two UFC title fights with Ilya Taporia versus Justin Gaethje.

[Narrator]

The hype is real.

[Paramount Plus Announcer]

Plus Alex Pereira versus Zero Gone. And so much more.

[Narrator]

Let's go, baby.

[Paramount Plus Announcer]

UFC at the White House. Sunday, June 14th at 8 Eastern only on Paramount Plus.