Westchester DA To Probe Henry, Chamberlain Cases

WESTCHESTER COUNTY, NY — A new probe into two controversial police shootings in Westchester County will involve not only a review of the incidents themselves but also the subsequent investigations and grand jury proceedings, District Attorney Mimi Rocah announced Thursday.

Rocah held a news conference on Facebook Live to announce the special investigation into the shooting of D.J. Henry by an off-duty officer reacting to a crowd of Pace University students celebrating after a homecoming football game and the killing of Kenneth Chamberlain Sr. by officers responding to an accidental medical alert call to his White Plains home.

"In the months following these two incidents, the Henry and Chamberlain shootings were reviewed by WDAO prosecutors who ultimately presented evidence and witnesses to grand juries, whose role was to determine whether that evidence was sufficient to support the criminal charges that prosecutors presented," Rocah said. "In both cases, no indictment was returned by the grand juries and the proceedings were automatically sealed by the court."

The current reviews will be conducted internally by designated Assistant District Attorneys and investigators with the assistance of a team of pro bono attorneys led by John Gleeson, a Debevoise & Plimpton LLP partner who previously served as a U.S. district judge in the Eastern District of New York and who was also a federal prosecutor.

The pro bono team also includes Douglas S. Zolkind, a former federal public corruption prosecutor in the Southern District of New York and associates from the firm. Judge Gleeson and Zolkind have been sworn in as special assistant district attorneys for purposes of the review.

Rocah said many people including friends and family have asked her to review the circumstances of the shootings, investigations and charging decisions since her election as Westchester DA in 2020.

"The pain of their loss has not gone away over the past 10 years nor have the questions they have about why their loved ones were killed," she said.

Kenneth Chamberlain Jr., co-founder of the Westchester Coalition for Police Reform after his father's death, said during the news conference that "for most black and brown families when it comes to summary executions of our loved ones we are fed the same statements out of the same playbook ... We are pleased that the matter is under review and we are hopeful that this time around 10 years later there will finally be some kind of accountability."

DJ Henry's father Danroy said his family hopes that if this special investigation shows flaws in the original investigation and legal process that people will be held responsible.

"This is a moment we have been waiting for for some time," said Danroy Henry. "Our family simply asked for a truthful account. What we asked for then we think we're getting now."

Chamberlain Sr., a 68-year-old former correctional officer, was shot and killed Nov. 19, 2011, when White Plains police officers entered his apartment after he had accidentally set off his medical alert device.

After a lengthy standoff with police, Chamberlain, who at times had a knife, was first shot with a stun gun, then a beanbag before being fatally shot with a single bullet by Officer Anthony Carelli.

Henry was shot and killed during a post-homecoming game celebration Oct. 18, 2010. Pleasantville Officer Aaron Hess, off duty and out of his jurisdiction, said he saw a group "acting aggressively" outside a Thornwood bar as he was passing by, called it in, and stayed as Mount Pleasant officers responded.

When police arrived, Henry was parked in a fire lane with friends in a car. Witnesses said a police officer knocked on the driver's-side window and Henry began to pull away believing the officer was instructing him to. Henry was then shot through his windshield by Hess. Witnesses at the scene begged police and emergency responders to treat Henry as he lay bleeding out — but Hess said he had suffered a leg injury and he was treated first.

Pace University President Marvin Krislov issued a statement after Rocah announced the review:

In the ten and a half years since Pace student DJ Henry was shot and killed by a Pleasantville police officer, his family has asked for one thing: the truth about what happened on the night of his death. Today, Westchester County District Attorney Mimi Rocah announced an inquiry with the aim of finding an answer. We are pleased by this development, and we continue to support the Henry family in their search for answers. We also express our deep appreciation to D.A. Rocah for taking this important step.

Rocah said, "Some may ask, why look backwards? The reason is simple: Today, we have appropriately higher expectations have for scrutiny of police encounters with mentally ill and unarmed people and for prosecutors’ responses to such incidents. The Henry and Chamberlain families and our community have felt strongly that further independent review is needed to heal the open wounds from these shootings. It is in that spirit that this review will be undertaken.

"I want to be very clear: While I have chosen to conduct this review, I am in no way pre-judging the outcome. At this point, I cannot say whether any further action should be taken,” Rocah said. "I can say that further action beyond the review will only be taken if the facts and law warrant it. I will make the final determination on what, if any, additional steps are appropriate."

SEE ALSO:

• Remembering College Student Shot By Police In Westchester
• For the Family of DJ Henry, Ferguson and New York Are Familiar Sights
• DJ Henry's Family Awarded $6M Over Police Shooting
• Settling with DJ Henry's Family, Town Issues Limited Apology
• Henry Remembered at Pace 5 Years After Shooting
• Conflicting Accounts of DJ Henry Shooting Continue to Emerge
• Aaron Hess Named Officer of the Year by Pleasantville Police Union
• No Federal Charges in Cop's Fatal Shooting of Black Student
• Pleasantville Officer Hess Leaves on Disability Retirement
• Kanye West/Jay-Z Commemorate DJ Henry in Rap
• DJ Henry: Parents, Lawyer Claim Cover Up by Authorities
• Deadly Shooting At Thornwood Shopping Center
• Armed Man Fatally Shot By White Plains Cop In S. Lexington Avenue Apartment
  
• Documents, Footage Reveal White Plains Police's Side Of Chamberlain Story
• White Plains Police Confirm Name Of Officer That Shot Kenneth Chamberlain
• [PHOTOS] Crime Scene Photos Of the Chamberlain Shooting
• Chamberlain Shooting: After No Indictment In Westchester
• $21 Million Chamberlain Suit Returns To Court
• $21M Wrongful Death Lawsuit Against White Plains Can Proceed
• Chamberlain Excessive Force Suit Rejected By Federal Jury
  

Additional reporting by Michael Woyton/Patch.