WHITE PLAINS, N.Y. (CBSNewYork) – Westchester County’s top cop will remain a defendant in the lawsuit over the police shooting death of Pace University student Danroy Henry, Jr.

WCBS 880’s Marla Diamond On The Story

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A federal judge said Wednesday he’s not inclined to dismiss claims against Westchester County Public Safety Commissioner George Longworth.

Bonita Zelman, an attorney for the seven Pace students with Henry that night, called it a victory.

“He will be held responsible, and accountable, for the brutality in this case,” she told reporters.

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The judge also gave Zelman another month to amend her claims after Brian Sokoloff, lawyer for Aaron Hess – the officer who fired the fatal shot – objected to the lawsuit.

Sokoloff called Zelman’s conference grandstanding.

“The case is not going to be decided from anything Ms. Zelman says. It’s going to be decided, if anywhere, before a jury in this courthouse,” he said.

Henry, 20, of Easton, Mass., was fatally shot by Hess on October 17, 2010 as he drove away from a disturbance that spilled outside of Finnegan’s Grill in Thornwood after Pace’s homecoming game.

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