A judge on Friday refused to release surveillance video and 911 tapes from the night a Pace University athlete was shot and killed by police.

Danroy Henry's family attorney, Michael Sussman, says he was trying to get surveillance video from local businesses that may show what happened the night Henry was killed.

Henry's father says he believes the evidence does exist and he will get to see it in due time.

The judge says the decision was because Sussman's written request didn't include a supporting document from a witness.

Sussman hasn't said whether he is going to appeal the judge's ruling.Parents of Pace student killed by police meet with Westchester DAPace athletes plead not guilty to charges of police interferenceJudge mulls request for surveillance footage of Pace student death