It was a chaotic scene that October night in 2010, after police opened fire on a car full of college students in a usually quiet northern Westchester town.
The gunfire killed 20-year-old Danroy "DJ" Henry, a star football player at nearby Pace University.
"I know he's up there he's looking down on us, he's my best friend. I'm just sorry there wasn't more I could do," his friend said.
It happened in a Thornwood shopping center, after a brawl broke out in bar.
Henry, who was not involved in the fight, was at the wheel of a Nissan Altima, driving out of the shopping center, when officers ordered him to stop.
Instead, police say he aimed for Officer Aaron Hess, who wound up on the hood of the car.
He opened fire through the windshield, killing Henry and wounding his friend Brandon Cox.
After a Westchester grand jury cleared the officer of wrongdoing, the U.S. Department of Justice launched a civil rights investigation.
Tuesday night, U.S. Attorney Preet Bharara closed the case with no charges.
"A reasonable person considering the totality of the evidence would likely conclude that the car driven by Mr. Henry struck the officer and injured him before the officer fired his weapon. This resulted in the officer being positioned hazardously on the hood of a moving vehicle, requiring him to make a split-second decision under conditions of extreme danger, conditions under which the law generally allows latitude to a police officer's judgment," Bharara wrote.
Danroy Henry, Sr. tweeted about the decision Tuesday night:
Our family always recognized that we could never be victorious regardless of the outcome of the @CivilRights review. DJ won't return home.— d henry (@DanroyTHenrySr) April 8, 2015
We appreciate the prayerful petitions of so many and the efforts of the @CivilRights whose hands are tied more by statute than justice.— d henry (@DanroyTHenrySr) April 8, 2015
We do not fault the @CivilRights DOJ for failing to undue the wrong committed by Aaron Hess. Murder is murder! Intent to us is clear.— d henry (@DanroyTHenrySr) April 8, 2015
Our faith is unwavering and we continue to press into the legacy building work of thee @DJDreamFund where DJ's compassion lives on.— d henry (@DanroyTHenrySr) April 8, 2015
We will take some time to reflect and be available after that time. It our hope that Hess will see and admit his wrong. Admit then forgive!— d henry (@DanroyTHenrySr) April 8, 2015