New questions in Pace University shooting

FILE- This file handout photo from Pace University shows Danroy Henry, 20, a student and football player at Pace University's Pleasantville campus who was shot and killed by local police . ((AP Photo/Pace University,Handout))

December 4, 2010 5:00:11 PM PST
Seven weeks after police shot a Pace University football player to death, there are new questions about what really happened that night.

Newly released autopsy and toxicology reports show Danroy Henry was drunk when his car struck police, and they shot him outside a Thornwood bar.

It shows Henry's blood alcohol content was 0.13%.

But an attorney for the Henry family says those results contradict witness statements.

"The blood, urine and vitreous fluids themselves show varying levels of blood alcohol. All show concentrations of alcohol way in excess of what anyone that night saw DJ Henry consume," Henry family attorney Michael Sussman said.

Sussman is questioning whether the elevated levels are the result of post-mortem bodily functions or part of a plot to tamper with Henry's test results to offer a cover for his shooting.