PLEASANTVILLE, N.Y. – The sworn deposition of Pleasantville Police Officer Kevin Gilmartin has led to a second lawsuit and another conflicting report of what happened during an October 2010 incident that resulted in the death of Pace student DJ Henry.
Henry’s parents filed a second lawsuit, this time against the town of Mount Pleasant, one of its police officers, Ronald Gagnon, and Gilmartin, in relation to the treatment their son received shortly before his death.
The family is already suing Pleasantville Police Officer Aaron Hess and the village of Pleasantville. Officer Aaron Hess shot and killed Henry after being struck by the former Pace student's car in the parking lot of Finnegan's Bar & Grill in Thornwood. A toxicology report later revealed that Henry was intoxicated at the time of the incident.
In the lawsuit filed by the Henry family lawyer, Michael Sussman, the party alleges that “Gagnon and Gilmartin knew that Henry was shot and needed medical attention. Yet neither sought or obtained medical attention for Danroy Henry.”
The lawsuit was filed after a sworn deposition from Gilmartin, who said he and Gagnon handcuffed and arrested Henry.
“I saw Officer Gagnon reaching into the vehicle and grabbing Danroy Henry and pulling him out of the vehicle,” Gilmartin said in a transcript of his sworn deposition. “Officer Gagnon and myself then brought Danroy Henry to the rear of the Mount Pleasant police car and had him handcuffed.”
Gilmartin also said that neither he nor Gagnon asked Henry if he was injured and did not administer any aid to him for “a minute or so” as Henry was handcuffed face down on the pavement.
Gilmartin’s deposition also gives another conflicting report about what happened directly before Hess was struck by Henry’s car and shot him through the windshield. Hess previously said in a sworn statement that he had his gun drawn before he was hit and that he lunged onto the car before firing his weapon. Former Mount Pleasant Police Officer Ronald Beckley said in his sworn statement that Hess fired his weapon at Henry’s car before he was struck. In Gilmartin’s statement, he said that Hess was struck by Henry while standing flat footed before drawing his weapon.
“It looked to me that as he went past that that’s when he had his weapon drawn out,” Gilmartin said of Hess on top of the hood of Henry’s car. “The vehicle came at him and it struck him at the knees, and he kind of got flung up onto the hood.”