Charges of Racism Surface in Henry Shooting

Representatives from an African-American law enforcement group and an attorney charged Thursday that the shooting of Pace University student Danroy Henry was racially motivated and that law enforcement authorities are covering up police brutality.

Bonita Zelman, the lawyer for seven Pace students who were at the Thornwood Shopping Center in the early morning hours of Oct. 17, 2010, when Henry was fatally shot, also said counsel for former Pleasantville police officer Aaron Hess, the village and the Town of Mount Pleasant are using delay tactics to stall the federal lawsuit that has been filed on behalf of Henry’s parents.

Zelman’s bombshell announcement included statements that her clients, all Pace students at the time of the shooting including six of Henry’s teammates on the university’s football team, have been mistreated by investigators and opposing attorneys since they sought to administer first aid moments after Hess fatally shot the 20-year-old junior from North Easton, Mass.

“And yes, we do say that this was racism and motivated with a false racial motivation, bias and discrimination,” Zelman said in front of the federal court building in White Plains. “Instead of trying to settle these cases and stepping up to the plate and admitting that they killed an innocent kid and then taser and brutalize my clients when they tried to move forward and save Danroy Henry’s life, they are now attempting to defend an indefensible case in the only way they know how–by attacking the victims and delaying justice.”

It is the first time that someone involved in the case has made direct allegations that Henry’s shooting was an act of racism.

Zelman was joined by representatives of Blacks in Law Enforcement of America, who leveled withering criticism at Westchester County District Janet DiFiore for failing to secure an indictment against Hess. A grand jury cleared Hess of criminal wrongdoing in February 2011.

They also pointed to a pattern of incidents in recent years in Westchester where minorities have been killed by police, including Mount Vernon Police Detective Chris Ridley, ex-Marine Kenneth Chamberlain in White Plains, and last weekend, Samuel Cruz, a 48-year-old New Rochelle man.

Damon Jones, New York representative for Blacks in Law Enforcement of America, said justice is supposed to be colorblind but in Westchester immigrants, the poor and blacks don’t receive the treatment and protection they are entitled to.

“Until we stand up and speak nothing will ever change and we’ll be standing here in front of federal court every year, every year, trying to figure out why these things are happening and how our elected officials are remaining silent,” Jones said.

When reached on Friday, attorneys for Hess and the Village of Pleasantville dismissed the allegations of racism, saying that there has been no indication that race played a role in the shooting.

“From everything I’ve seen so far leads to the opposite conclusion, that race had nothing to do with it,” said James Randazzo, counsel for the village. “We’re not done with the process, obviously, but I haven’t seen anything that would give that indication at this point.”

Brian Sokoloff, representing Hess, said none of the people speaking at Thursday’s press conference were at the scene of the shooting and cannot make that determination. He also said the Henry family has made no reference in race playing a role.

Also accompanying the group was Michael Sussman, the attorney representing Henry’s parents, Angella and Danroy Henry Sr., in their federal lawsuit.

Although Sussman avoided allegations of racism, he joined Zelman in criticizing attempts by the attorneys for Hess and the municipalities for attempting to drag out the depositions. He said he and Zelman were in court on Thursday to ask for an expedited process to complete depositions connected with the lawsuit by this summer. The other parties’ attorneys could bring in perhaps 100 additional witnesses, which could extend it until next summer and likely delay the trial’s start until late 2015, Sussman contended.

“That’s a way of trying to immunize by time those who committed atrocious events,” Sussman said. “It’s a way to protract the pain of the Henry family, which can’t get justice in any reasonable timeframe. Justice delayed is justice denied.”

Sokoloff said the plaintiffs’ counsel is being hypocritical, first pressing to find out the truth regarding the shooting and now wanting to rush the process.

“Just because the plaintiffs want a trial now, that doesn’t mean we’re getting a trial now,” he said. “Listen, isn’t the whole point of this litigation process to get to the truth? Or is it to play a game and first say you want a full investigation and then maybe when you don’t like the way it’s turning out let’s rush the rest of it.”

Randazzo said that there were between 100 and 200 people near Finnegan’s in the Thornwood Shopping Center at the time of the shooting. As a result, scheduling and completing the depositions can be a long process.

He said the judge has set an Aug. 31 deadline to complete the depositions but if more time is needed and good cause can be shown an extension could be granted.

“There’s no validity to that whatsoever,” Randazzo said of the charges of delay tactics. “We’re not intentionally trying to delay things. I think even in the beginning the attorneys indicated, as has the Henrys, that they want to find or get to the truth about what happened and we’re trying to do the same thing.”

David Propper contributed to this article.