Officer who shot DJ Henry says he shot into car because he thought he was being thrown off hood

PLEASANTVILLE, NY (FOX 25 / MyFoxBoston.com) The New York police officer who shot and killed Danroy "DJ" Henry discussed the night the Easton native was killed in court documents released on Thursday.

Pleasantville Police Officer Aaron Hess recently answered questions in federal court as part of a civil suit.

In documents released by the Henry family's attorney, Michael Sussman, Hess says he was standing in the road outside of Finnegan's Bar and Grille when he believed he heard another officer say to stop a car that had driven out of the fire lane.

Hess claims he thought the car, driven by Henry, was going to stop.

"As the vehicle was approaching, I put up my left hand, yelled for the vehicle to stop. By the time I realized that the vehicle wasn't going to stop, I didn't have a chance to go left, right, and if I stood on the balls of my feet, I was going to be run over. So as the vehicle was coming towards me, I lunged forward as it hit my legs," said Hess.

Hess added that he fired his weapon because he believed the car was moving as to throw him off. He said he felt his body had shifted toward the passenger side.

Hess said he shot three to four times into the car. When asked why he shot as many times as he did, Hess said, "Because I felt that was the necessary amount I needed to fire my weapon."

When asked why he stopped shooting, Hess said "Because our training doesn't -- we don't just keep shooting."

Attorney Sussman asked Hess about his previous work with the New York Police Department. Sussman asked Hess when it is appropriate for an NYPD officer to discharge their firearm at a moving vehicle.

"From what I recall you are not to discharge your firearm at a moving vehicle," said Hess.

In 2011, a grand jury failed indict Hess for the fatal 2010 shooting of 20-year-old Henry. The Henry family filed a civil suit against Hess and Pleasantville shortly after.

Cox Media Group