Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Westchester County Grand Jury found that there was not enough evidence to indict Aaron Hess, the Pleasantville, NY police officer who shot and killed Pace football player D.J. Henry. Henry was shot on October 17, 2010 in the early morning hours outside a bar in Thornwood, New York. Police had been called to a large disturbance following a Pace homecoming game, and Henry, who had been drinking, allegedly sped away in the parking lot. While doing so, he struck Officer Hess with his vehicle, who then fired at Henry through the windshield. Henry’s family claims that he was merely moving away at “parking lot speed” in accordance with the officer’s instructions.

The fact that the District Attorney could not convince 12 of 23 grand jurors that there was sufficient evidence to accuse Hess of committing a crime is significant since, if Hess were indicted, at a trial the District Attorney would have to convince 12 of 12 jurors that Hess was guilty beyond a reasonable doubt. It is also important to note that Officer Hess testified before the grand jury, which he did not have to do (and something that many criminal defense attorneys would likely advise against, as there is no Judge present, and a defendant’s attorney is not permitted to interrupt the proceedings).

Henry’s family and their attorney have accused Officer Hess of committing intentional murder, and in response to the Grand Jurors’ decision, claimed that the District Attorney withheld or mishandled evidence. This is a serious allegation to make, particularly since the District Attorney is obligated by law to present exculpatory evidence to the Grand Jury (in fact, the Grand Jury heard testimony from several Pace students who were present, as well as two passengers who were in Henry’s vehicle). Naturally, neither the family nor its attorney has disclosed what evidence could have changed the Grand Jurors’ minds or what should have been presented.

The end result is that Officer Hess can rest assured he will not be criminally prosecuted, although he will now face a time consuming wrongful death lawsuit.