Hess shot Henry through the windshield of Henry's car Oct. 17 as the 20-year-old drove away from a disturbance that spilled out of a bar in Thornwood, N.Y., after the Pace University homecoming game. Autopsy results found Henry's blood-alcohol level above the legal driving limit, but the family says Henry was not drunk.
Hess has said he was hit by the car, thrown onto the hood and had no choice but to fire to stop the driver.
In college basketball news:
* Mitch Henderson, who helped Princeton reach the NCAA Tournament three times in the 1990s as a player, was hired as the Tigers' coach. This will be the first head coaching job for Henderson, who spent the past 11 seasons as an assistant at Northwestern.
* Kentucky freshmen Terrence Jones, Brandon Knight and junior DeAndre Liggins are declaring for the NBA draft but will not sign with an agent.
* Penn State assistant Lewis Preston has left to become Kennesaw State's new head coach.
* Esperanza Academy point guard Maurice McNeal
has committed to play basketball at Mercer County (junior) College, in New Jersey.
* Swimming's governing body has rescheduled open-water races to earlier in the day at the world championships, saying athletes will benefit from cooler air and water temperatures.
* Trainer Bob Baffert said Jaycito and The Factor are still being considered for the Kentucky Derby.