WHITE PLAINS, N.Y. (CBS/AP) — A family lawyer says independent tests on the blood of a college student killed by police confirm his alcohol level was above the legal limit for driving.

Michael Sussman said a lab hired by Danroy Henry Jr.’s family found an alcohol level of 0.128 percent in blood taken from Henry’s autopsy. The legal limit is 0.08 percent.

A law enforcement official told The Associated Press last month that Henry’s blood alcohol level was 0.13 percent.

Sussman said Wednesday that Henry’s parents are still not persuaded their son was drunk.

He said that there was no information as to when the blood sample was collected or how Henry’s body was stored between his death and when the blood sample was taken.

Sussman says both pieces of information are relevant in determining whether there was decomposition of ethanol, which occurs after death, and how much there was.

The Pace University student was killed Oct. 17 during a disturbance outside a bar in suburban New York City. Police said he sped away and hit two officers. The family denies that.

(TM and © Copyright 2010 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

Comments (2)
  1. Cynic says:

    The Judge should take custody of all evidence with strong sanctions for anyone that tries to tamper with it.Do you REALLY trust the Police?

  2. Shut Up says:

    Hey Cynic, Shut Up. The kid tried to kill cops, got what he deserved.

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