Settlement reached in fatal shooting of college football player

NEW YORK -- The family of a college football player who was fatally shot by a suburban New York police officer who fired into his moving car reached a $6 million settlement with the village of Pleasantville and the officer, an attorney said Monday.

CBS New York reported, Danroy Henry Jr., was shot through the windshield of his car as he drove away from a disturbance outside a bar in Thornwood on Oct. 27, 2010.

Pleasantville police Officer Aaron Hess had knocked on Henry's window, yelled for Henry, a Pace University student, to stop, and stepped in front of his car before he landed on the hood and opened fire.

The officer was hit as Henry braked. Another man in the car was wounded.

Michael Sussman, who represents the family of Henry announced the settlement in a statement.

"The Henrys have been clear from the beginning that no monetary settlement could ever replace the deep loss of their beloved son DJ," Sussman said. "While this aspect of their lawsuits has now been resolved, they will continue to deal with their deep loss by focusing on faith, family and the important work of the DJ Henry Dream Fund, which has provided opportunities for thousands of young people and will continue to do so."

Hess was cleared by a grand jury. The U.S. Attorney's office also declined to bring federal civil rights charges in the shooting.

In weighing against criminal charges, prosecutors said there were inconsistencies in witness accounts and that the altercation took seconds, with no prior interaction between the officer, who is white, and Henry, who was black.

Prosecutors said the officer stepped in front of the car and shouted at Henry to stop. They said the car appeared to be breaking when it struck the officer, who wound up on the car's roof and fired through the windshield, wounding a passenger and killing Henry.

The officer made "a split decision under conditions of extreme danger, conditions under which the law generally allows latitude to a police officer's judgment," prosecutors said.

At the time, Sussman said the family was "extremely disappointed with the result."

The Henrys continue to sue the town of Mount Pleasant and three town officers who they say "failed to respond to the grievous gunshot wounds inflicted by Mr. Hess upon their son," Sussman said.

The settlement must still be approved by a judge.

A telephone message left with the village of Pleasantville wasn't immediately returned.