DJ Henry Incident Report

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Accident Investigation #24-2010 Thornwood Shopping Center Mount Pleasant, New York

October 17, 2010

Detective Richard van der Meulen #137 Westchester County Department ofPublic Safety

1 Saw Mill River Parkway Hawthorne, New York

January 31, 2011

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This report and accident reconstruction is only a portion of the joint investigation into the death ofDanroy Henry on October 17, 2010 in the Thornwood Shopping Center located in the Town of Mount Pleasant. This portion of the investigation contains the vehicle actions of the 2002 Nissan Altima operated by Mr. Henry. The work conducted and results determined are based solely on analysis of available evidence. No witness statements have been used.

Traffic units

1) 2002 Nissan Altima 2.5 SL Massachusetts registration 1 JN200 Vehicle Identification Number 1N4AL11E82C705289

Driven by: Danroy Henry 15 Symphony Drive North Easton, Massachusetts 02356

Passengers: Brandon Cox (front seat) Desmond Hinds (rear seat)

2) Pleasantville Police Officer Aaron Hess

Pedestrian

3) 2007 Ford Crown Victoria (Mount Pleasant police car #43) Vehicle Identification Number 2FAHP71 Wl7X115976

Parked

4) 2007 Ford Crown Victoria (Mount Pleasant police car #42) Vehicle Identification Number 2FAHP71 W67X142378

Parked

Available evidence:

1) A scuff mark left on the roadway by the Nissan Altima prior to contact with Mount Pleasant police car #43.

2) A tire mark left on the roadway by the Nissan Altima during and after contact with Mount Pleasant police car #43.

3) Damage to the Nissan Altima.

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4) Damage to Mount Pleasant Police car #43. 5) Digital images of the incident captured by Citibank security cameras. 6) Digital images of the incident captured by Finnegan's security cameras. 7) Acceleration tests conducted with an exemplar Nissan Altima. 8) A mechanical inspection of the Nissan Altima. 9) In car video ofWCDPS Police Officer Cusano.

Findings:

1) The Nissan Altima was traveling at 24.1 miles per hour (35.44 fps) when it collided with Mount Pleasant police car #43.

The speed of the Nissan Altima during impact with Mount Pleasant police car #43 was calculated using several methods.

The first method involved calculating the speed at which the police officer was thrown from the hood of the Nissan. The distance of this throw was estimated at 42.78 feet. The starting point of this distance was measured at the point where the front left wheel of the Nissan becomes tangled with the wheel well of police car #43 and the Nissan began to slow significantly. The ending point of this distance was measured by viewing the in car video of WCDPS Police Officer Cusano which shows the estimated final rest of the police officer, his baton, and his flashlight. A throw formula using .67 as a drag factor (Searle) at a distance of 42.78 feet, resulted in a calculated speed of24.1 miles per hour (35.44 fps). This does not include the delta-v (change or loss of velocity) of the police officer striking the ground. This could be estimated at .5...,. 2 miles per hour, but is minimal and will not be considered. The speed of the police officer at the time he left the hood of the Nissan was equal to the speed of the Nissan when it struck the police car.

The second method involved analyzing the impact and post impact actions of the Nissan. A slide to stop formula using a drag factor of .70 and a distance of 49.96 feet yielded a speed loss of 19.2 miles per hour (28.32 fps). An energy loss for the breaking of the Nissan's wheel assembly and lower control arm, and the movement of Mount Pleasant police car #43 and possibly the movement of Mount Pleasant police car #42 cannot be accurately calculated. The method of analyzing the impact and post impact actions of the Nissan yields a minimum speed of 19.2 miles per hour when it collided with police car #43.

The third method involved analyzing digital images from Citibank camera #1 and camera #4. Camera #4 shows the Nissan passing through a portion of the crosswalk at 24.1 miles per hour. This has been estimated to be the speed of the Nissan while colliding with police car #43. Camera #1 shows the Nissan passing

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through a portion of the crosswalk at 22.2 miles per hour (32.55fps). At this point, the Nissan is colliding with police car #43 and has begun to slow down.

2) The speed of the Nissan while passing through the views of Citibank cameras # 1 and #4 was calculated based on the distance the vehicle traveled during various frames compared to the elapsed time as indicated on the digital stills. Analysis of the digital frames indicates that the Nissan was accelerating throughout the entire sequence. The average speed of the Nissan at position "E" (refer to scale diagram) has been calculated at 14.7 miles per hour (21.69 fps). The average acceleration rate of the Nissan from position "E" to collision with police car #43 was calculated at 10.29 feet per second, per second.

3) The speed of the Nissan while passing through the view of the Finnegan's security camera were calculated based on the distance the vehicle traveled during various frames compared to the elapsed time as indicated on the digital stills.

The positioning of the Nissan along the curb while it was parked is not visible on the security camera.

The average speed between positions 32.390 and 32.796 is estimated at 17.0 mph (25.09 feet per second). This is based on the roughly calculated distance of 10.19 feet (wheelbase plus 1 foot) which the Nissan travels during .406 seconds. The brake lamps are not illuminated in either position. It is not known if the vehicle is accelerating or maintaining a constant speed.

The average speedbetween positions 32.796 and 33.203 is estimated at 18.2 mph (26.78 feet per second). This is based on the roughly calculated distance of 10.9 feet which the Nissan travels during .407 seconds. The brake lamps are not illuminated in either position. It is not known if the vehicle is slightly accelerating or maintaining a constant speed.

The average speed between positions 33.203 and 33.609 is estimated at 11.5 mph (16.94 feet per second). This is based on the roughly calculated distance of 6.88 feet which the Nissan travels during .406 seconds. The brake lamps are not illuminated in position 33.203 but are illuminated in position 33.609. The Nissan is slowing.

The average speed between positions 33.609 and 34.140 is estimated at 5.1 mph (7.53 feet per second). This is based on the roughly calculated distance of 4 feet which the Nissan travels during .531 seconds. The brake lamps are illuminated in position 33.609 only. The Nissan is slowing in the early portion and accelerating in the later portion.

The average speed between positions 34.140 and 34.515 is estimated at 9.7 mph (14.4 feet per second). This is based on the roughly calculated distance of5.4 feet

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which the Nissan travels during .375 seconds. The brake lamps are not illuminated in position 34.140. The one visible brake lamp in position 34.515 appears illuminated but is not because the vehicle is accelerating.

There is not enough distance for the Nissan to accelerate from an average speed of 5.1 mph during positions 33.609 and 34.140 to an average speed of9.7 mph during positions 34.140 and 34.515 if the Nissan was braking during the entire portion of positions 33.609 and 34.140. In order for the Nissan to reach an average speed of9.7 mph during positions 33.609 and 34.140, it must have been accelerating for a portion of positions 33.609 and 34.140 and continue to accelerate through positions 34.140 and 34.515.

4) An exact acceleration rate for the Nissan between positipns 33.609 and position "E" is not possible. A range of average acceleration rates has been calculated. The range is based on midway between positions 33.609 and 34.140 and position "E".

An initial velocity of 5 mph (7.37 fps) at a distance of26.39 yields an average acceleration rate of 7. 93 feet per second, per second.

An initial velocity of 4 mph (5.88 fps) at a distance of26.39 yields an average acceleration rate of 8.30 feet per second, per second.

An initial velocity of3 mph (4.41 fps) at a distance of26.39 yields an average acceleration rate of 8.58 feet per second, per second.

These average acceleration rates are slightly lower than the average acceleration rates between position "E" and contact with Mount Pleasant police car #43.

Comments:

The above findings, conclusions and professional opinions are based on the facts known and available at the time ofthis report.

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Robert P. Astorino County Executive

Department of Public Safety

George N. Longworth Commissioncr/Sht:riff

February 18, 20 11

Det. Matthew Brown Mt. Pleasant Police Department One Town Hall Plaza Valhalla, NY I 0595

Dear Det. Brown:

This is to inform you of the status of the crime scene that was proct=sst::U by the Westchester County Police Forensic Investigations Unit.

Date Processed: 10/17/2010

Mt. Pleasant Police Department

Victim Name:

Scene Location: Thornwood Shopping Center Mount Pleasant, New York

Investigator: Det. Matthew Brown

Dept. Case#: 762-10

Vehicle Infonnation: 2002 Nissan Altima bearing (MA)IJN-200

FlU Case#: 10-0567 FlU Officer Assigned: _D=et::.·::.R:::ooc.::b.:::ertc::...::B::::ao.:rb="e"-r __ _

STATUS: The above named crime scene has been photographed and processed for physical evidence. All of the developed scene images as well as the corresponding contact sheets were submitted to you on October 19, 20 I 0. The four 40 caliber cartridge casings as well as the 223 cartridge casing collected at the scene were all submitted to the Ballistics Section on your behalf. The digital DVMS unit collected from Citibank was turned over to you on scene. The two pieces of broken plastic collected at the scene were submitted to Labs and Research on December 21, 2010, lab #F20 I 0-1606. No latent print work was necessary on scene. The 2002 Nissan Altima bearing (MA) IJN-200 has been impounded and secured as evidence on your behalf. The vehicle is to be processed at a later date pending the securing of a search warrant.

Sincerely,

;l,-.;2~~~

A New York State Accredited Law EntOrcement Agency

Saw Mill River Parkway Hawthorne. New York 10532

Tch:phone: (914) 864-7600 Wchsite: westchestcrgov.com 1-.• -;;;d::.·l

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George N. Longworth Cornrnissioner/S heri ff

February 18,2011

Det. Matthew Brown Mt. Pleasant Police Department One Town Hall Plaza Valhalla, NY 10595

Dear Det. Brown:

This is to inform you of the sialus of the crime scene that was processed by the \Vestchester County Polic.e Forensic Investigations Unit.



Victim Name:



Dept. Case #: 762-10

Vehicle lnfonnation: 2002 Nissan Altima bearing (MA) IJN-200 VIN#1N4AL11E82C705289

FlU Case#: 10-0567 FlU Officer Assigned: Det. Robert Barber

STATUS: On October 22, 2010, the 2002 Nissan Altima bearing (MA) IJN-200 was photographed at 375 Executive Blvd, Elmsford. Furthermore, the exterior engine hood was processed for latent prints. One smudged left hand print of NO identification value as well as several smudge marks of NO value were developed. The developed latent prints were photographed and sketched for documentation purposes. Following the completion of the specific processing, the vehicle was transported to Labs and Research for further processing.

Sincerely,

,U_,_ !Z~ AQ.--<_L 1{,-

Det. Robert Barber

A New York State Accredited Law Enlbrccmcnt Agem:y


Telephone: {914) 864-7600 Website: WI.!Stchcstcrgov.com

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George N. Longworth Commissioner/Sheriff

February 18,2011


Dear Det. Brown:

This is to inform you uflht:: status of the crime scene that \Vas processed by the Westchester County Police Forensic Investigations Unit.

Date Processed: I 0/26/2010


Victim Name:




Vehicle Information: 2002 Nissan Altima bearing (MA) IJN-200 VIN#1N4AL 11 E82C705289

FlU Case#: 10-0567 FlU Officer Assigned: _0=-.=.et"-. "-R-"o-'-b""ert'-'-"B"'a"'rbo..:e::_r __ _

STATUS: On October 26, 2010, the above described vehicle was photographed at Labs and Research. Furthermore, the two exterior passenger side windows were processed for latent prints. A total of four lifts were made. Upon evaluation, one lift was found to contain a partial palm print of value for identification purposes. The remaining three lifts were found to contain partial palm and fingerprints that lacked sufficient identifiers for purposes of identification and comparison.

Please submit any case related known palm print impressions for comparison purposes as they become available.

Sincerely,

A New York State Accredited Law EntOrcem~:nt Agency


Telephone: (914) 86·1-7600 Website: wcstchestcrgov.com

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Department ofPublic Satety


February 18,2011

Det. Matthew Brown Mt. Pleasant Police Department One Town Hall Plaza Valhalla, NY 1 0595

Dear Det. Brown:

This is to inform you of the status of the latent fingerprint e-ase which you submitted to the Westchester County Police Forensic Investigations Unit.

Date Submitted: 11110110


Victim Name:

Victim Address:

Submitted By: Det. Matthew Brown


FlU Case#: _1,_,0:_-0::.:5:..::6:.:._7 _______ FlU Officer Assigned: Det. Robert Barber

STATUS: The red plastic cup and the plastic Gatorade bottle submitted in this case have been processed and evaluated. Two latent prints were developed and upon examination, were found to lack sufficient identifiers for purposes of comparison and identification.

The submitted evidence was released to you on January 4, 2011.

Sincerely,

/l.r-./2~ ~~ #s-Det. Robert Barber

A New York State Accredited Law Enforcement Agency

Saw Mill Riv~r Parkway Hawthorne. New York 10532

Tc!cphom:: (9\4) 864-7600 Website: wcstchcstergov.cnm

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February 18,2011


Dear Det. Brown:

This is to inform you of the status of the crime scene that was processed by the \Vestchcstcr County Police Forensic Investigations Unit.



Victim Name:

Scene Location:

Vehicle Information:

FlU Case#:

STATUS:

Thornwood Shopping Center

I 0-0567

1 nvestigator: Det. Matthew Brown

Dept. Case#: 762-10

FlU Officer Assigned: Richard van der Meu len

On October 17,2010, The Forensic Investigations Unit assisted your agency by processing a crime scene (police related shooting) at the Thornwood Shopping Center. Numerous assignments were created by members of the crime scene, latent print, and ballistics sections. One of these assignments assigned to this Detective was the creation of a scale diagram. Printed copies of various diagrams have already been provided to you, the New York State Police, and the Office of the District Attorney. Copies of the diagrams in digital format have been provided to the Office of the District Attorney.

Sincerely,

Det. Richard van der Meulen

A New York Slate Accredited Law Enforcement Agency


Tt!lcphonc: (9\4) 864-7600

j:1 1 I) - o ')6 7

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Wt!hsitc: wcstchcstcrgov.com

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February 18, 2011


Dear Det. Brown:

This is to inform you of the status of the crime scene that was processed hy the Westchester County Police Forensic Investigations Unit.

Date Processed: 10/28/20 I 0


Victim Name:

Scene Location:




Dept. Case#: 762-10

FlU Case#: 10-0567 FlU Officer Assigned: Richard van der Meulen

STATUS: On October 17, 2010, The Forensic Investigations Unit assisted your agency by processing a crime scene (police related shooting) at the Thornwood Shopping Center. Numerous assignments were created by members of the crime scene, latent print, and ballistics sections. One of these assignments assigned to this Detective was the search for any additional evidence on the roof, in the gutters, and in the storm drains of the Thornwood Shopping Center on 10/28/2011. As already discussed with your agency, the New York State Police, and the Office of the District Attorney, no evidence was located.

Sincerely,

Det. Richard van der Meulen

A New York State Accredited Law Enforcement Agency

Saw Mill River Parkway I la.\vthorn~. New York 10532

;\o\ I u-aH?

_;t?:'/J o "- j, a) l<~f

T clcphonc: (914) 864-7600 Websitt.::: wcstchestcrgov.com

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February 18, 2011


Dear Det. Brown:

This is to inform you of the status of the crime scene that \Vas processed by the Westchester County Police Forensic Investigations Unit.



Victim Name:

Scene Location:

Vehicle lnfonnation:

FlU Case#:

STATUS:


10-0567


Dept. Case#: 762-10

FlU Officer Assigned: Richard van der Meulen

On October 17, 20 I 0, The Forensic Investigations Unit assisted your agency by processing a crime scene (police related shooting) at the Thornwood Shopping Center. Numerous assignments were created by members of the crime scene, latent print, and ballistics sections. One of these assignments assigned to this Detective was to have a representative ofNISSAN USA conduct a diagnostic trouble code download of the Nissan Altima. This was conducted by a N1SSAN technical specialist on 11/22/2010. No information relevant to the incident was discovered. The results have already been discussed with your agency, the New York State Police, and the Office of the District Attorney.

Sincerely,

Det.~Richard van der Meulen

A New York Stat~: Accredited Law EntOrcemcnt Agency

Saw Mil! River Parkway Hawthorne. New York !0532

Tdephone: (9 !4) 864-7600 Website: westchestcrgov.com G--;;,~;;::1· ~

. ·r.;' .. -'::/ .:;

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Robert P. Ast4lrino County Executive

Department of Public Sa!Cty


February 18,2011

Det. Matthew Brown Mt. Pleasant Police Department One Town Hall Plaza Valhalla, NY I 0595

Dear Det. Brown:

This is lo inform you of the status of the crime scene thut \vas processed by the Westchester County Police Forensic Investigations Unit.



Victim Name:

Scene Location:


FlU Case#:

STATUS:


I 0-0567



FlU Officer Assigned: Richard van der Meulen

On October 17, 20 I 0, The Forensic Investigations Unit assisted your agency by processing a crime scene (police related shooting) at the Thornwood Shopping Center. Numerous assignments were created by members of the crime scene, latent print, and ballistics sections. One of these assignments assigned to this Detective was to be present during a mechanical inspection of the Nissan Altima and assist in the search for the projectile which entered the engine compartment. This assignment was conducted on 11/23/20 I 0.

No mechanical problems were discovered during the inspection. The results of the inspection have been incorporated in the accident investigation.

A projectile was found in the engine compartment. This projectile was placed into the custody of the Ballistics Section for further analysis. You should already have received a report from the Ballistics Section regarding their analysis of the projectile.

Enclosed is a compact disc and contact sheets containing all digital images captured during this assignment.

A New York State Accredited Law Enforcement Agt:ncy

Saw Mill River Parkway Hav.tthomc. New York l 0532

Tclt:phonc: {914) 864~7600 Wt:hsitc: wcstchcstt.:rgov.com

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ID Unit Case#: 10-0567 Agency: Mt. Pleasant Police Department Agency Case#: 762-10 February 18,2011

Sincerely,

bet. Richard van der Meulen

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w· "lTCHESTER COUNTY PC lCE ~ IJEi'l TIFICATION UNIT"! PHOTOGRAPHY LOG ~

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DATE(S):

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WCPD-286 (05-2002) LENS: N =NORMAL, W =WIDE ANGLE, M =MACRO, T =TELEPHOTO /lp:I/;)d;c;

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W' )TCHESTER COUNTY P( lCE IDENTIFICATION UNIT"/ PHOTOGRAPHY LOG

DATE(S): /r / :?-J /ao ' " r 1

I.D. CASE#: /a- · 0 £{;7 LOG COMPLETED BY: A!Aci!Ar/)IA«,/VA.v(JOfA~t'"'..J · -4:1: ~p/ RF-H:Jtf-n47trt' _,41t'.l"'ol"/ 01/J,.fJ 1,1 :J .J</-1

CAMERA TYPE: /1// ;t.-;..1 D "i' 6 7 FILM TYPE I A.S.A: ROLL#:. ____ ....:.

LOCATION: l.vC Q p 5 - &~r t?Ttvt" f?A7 . STREET CITY STATE ZIP

PHOTO START TIME:. __________ PHOTO END TIME:. __ _:__/~;):...'-/LL.L __ _

PH# LENS DESCRIPTION

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Reviewed By Case Manager (Initial): ., -;ld"/ 1__ · . Jj:.:;;, 0 {.5; 7 . /f '(e--f'L

WCPD-286 (05-2002) LENS: N = NORMAL, W =WIDE ANGLE, M =MACRO, T =TELEPHOTO l f . . I I (')-1 {dol"

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Documents

DJ Henry Incident Report