U.S. Attorney Preet Bahara announced Tuesday that federal criminal charges will not be filed against the Pleasantville police officer who shot and killed a Pace University student in 2010.

Bahara says there simply wasn't enough evidence to pursue charges against Officer Aaron Hess.

Pace students were celebrating homecoming at Finnegan's Bar and Grill in Thornwood on Oct. 17, 2010 when a huge fight spilled into the parking lot.

According to police, Henry tried to speed away from the scene, hitting one cop and knocking Pleasantville police officer Aaron Hess onto the hood of his car. They say when Henry kept driving with Hess on the car, the officer fired the fatal shots through the windshield.

Toxicology reports later showed that Henry was legally drunk at the time of the incident. A grand jury went on to clear Hess of any wrongdoing.

In 2013, Henry's parents filed a civil lawsuit claiming that their son's rights were violated and that there was a cover up involving the investigation.

Bahara says Hess only fired his weapon after believing his life was in danger, and therefore did nothing wrong. Federal prosecutors also cite how quickly the entire incident took place, meaning the officer had to make a split second decision and therefore couldn't even contemplate violating the college student's civil rights before firing his weapon.