A witness to the shooting of Danroy Henry Jr. by police said the Pace University football player came to a near stop when an officer stepped in front of his car, but then sped up and struck him.

Finnegan's Grill owner Stephen Van Ostrand told The Journal News that an officer put up his hand and Henry slowed down. But according to the Associated Press, Van Ostrand said that when the officer yelled for Henry to stop, Henry "hit the gas pedal." Ostrand says the officer was knocked onto the hood and opened fire.

The Department of Justice plans to open an investigation into the shooting of Henry outside Finnegan's in Thornwood, N.Y., last October after a New York grand jury declined to indict any of the officers involved in the incident. Ostrand had testified before the grand jury. (Click here for more on the DJ Henry shooting.)

The DOJ will review the case to see whether the officers, who are white, violated civil rights laws regarding official misconduct.

Image:  Bill Greene/Globe staff photo