Pace University football players Yves Delpeche, left, Joseph Romanick, center,...

Pace University football players Yves Delpeche, left, Joseph Romanick, center, and Joseph Garcia react during a news conference about the death of fellow teammate Danroy Henry. (Oct. 22, 2010) Credit: AP

 A lawyer for the family of a Pace University football player fatally shot by police says his ballistics expert has determined that the first shot was fired by an individual who was off the side and not in harm's way.

Police have said Danroy "D.J." Henry was shot outside a Thornwood, N.Y. bar on Oct. 17 after he sped away in a car and hit two officers.

The lawyer, Michael Sussman, said Friday that the expert he hired determined that the same officer fired at least three shots, one into the hood and two into the windshield. Sussman says the shot into the hood would have come first since the officer was on top of the hood for the other two, and the angle of the shot into the hood indicates it was fired from the side.

Sussman’s comments came before a memorial service for Henry in Boston.

A spokesman for the Westchester County District Attorney’s office said he could not comment on an ongoing probe.

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