TARRYTOWN -- The first police account of an officer's fatal shooting of a college football player was purposely misleading and served as a faulty "script" for the investigation, a lawyer for the student's parents said yesterday.

The lawyer, Michael Sussman, alleged that the Westchester district attorney's office was in on the deception.

Sussman said at a news conference his claims were based on depositions he has taken during a federal lawsuit filed by the parents of Danroy Henry Jr., the victim in the 2010 shooting.

Henry, 20, of Easton, Mass., was shot through the windshield of his car as he drove away from a disturbance outside a bar in Thornwood.

The Pleasantville police officer who shot him, Aaron Hess, said Henry was driving toward him and wouldn't stop. He fired from the hood of Henry's car.

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Another officer, Ronald Beckley of the Mount Pleasant police force, also fired. But Beckley said in his deposition that he was firing at the person on the hood, believing it was "the aggressor." Both officers testified before a grand jury and were cleared of wrongdoing.

Sussman said yesterday that Beckley's depiction of Hess as the aggressor was known within hours to Mount Pleasant police and to the district attorney's office. The police news release the next day, however, depicted Beckley as shooting at the car, not at the officer.

The police chief's lawyer said that he could not comment on an active lawsuit. -- AP