A passenger who was in the car the night D.J. Henry of Easton was shot by a police officer says he assumed that police wanted them to move their car.

“My assumption is that the cop that originally tapped on the car wanted us to move,” Desmond Hinds, who played on the Pace University football team with Henry, said in a statement made to a police officer hours after the incident.

Authorities have said Aaron Hess, a Pleasantville, N.Y., police officer fired through the windshield of Henry’s car, killing him, because Henry drove toward him and hit him with the car. The shooting happened on Oct. 17, 2010, outside a bar not far from the school’s New York campus.
Henry’s family has said Henry believed police wanted him to move his car from the fire lane.

The law firm representing the family today released police reports, tapes, videos, and other documents about the incident.

A statement made by Hinds, 21, a senior receiver for the Pace football team, to Mt. Pleasant Police Detective Martin B. Greenberg was one of the items released.

In his statement, Hinds said he and five friends, including Henry, spent the night at Finnegan’s Grill in Thornwood, N.Y., After leaving, he said, he saw Henry and Brandon Cox, a friend of Henry’s from the Boston area, standing beside Henry’s car.

The car was running. Hinds said he jumped in the back seat, while Cox got in the passenger seat and Henry got into the driver’s seat.

“About 15 seconds later, I heard a hard tap on the driver’s side window and saw a cop tapping DJ’s window with a flashlight,’’ Hinds allegedly said. “DJ pulled off went around the bend and going at a decent speed. I looked down for a second and when I looked up I saw what looked like a person in front of the car that appeared that he had his hands up together and then I saw two to three holes in the front windshield,” he said.

“I didn’t see out the front because the front window had condensation. I have no idea why DJ didn’t stop,” he said.

The Mount Pleasant police officer who tapped on Henry’s window that night, Ronald Gagnon, stated in a report composed three days after the shooting that he activated his cruiser’s air horn twice to get the attention of the driver inside the Nissan Altima parked in the fire lane.

Gagnon said the car didn’t move, so he got out of his cruiser and approached the driver’s side window. Gagnon said he tapped on the window three times but the driver didn’t roll it down. Gagnon said the car then suddenly sped away.

“I was then running behind the vehicle,’’ Gagnon said. “I saw officer Hess from Pleasantville PD on top of the hood of the Altima. I heard approximately 4 gun shots and saw the Altima strike the Mount Pleasant Police vehicles which were parked on the roadway.’’

Passenger in D.J. Henry’s car said he assumed police wanted them to move the car - Metro Desk - Local news updates from The Boston Globe