Dallas Cowboys defensive tackle Josh Brent had a blood alcohol level of more than twice the legal limit after he crashed his Mercedes early Saturday morning, killing teammate Jerry Brown.
The Dallas Morning News reports Brent had a 0.18 blood alcohol level, more than double the legal limit of 0.08. He has been charged with intoxication manslaughter, a second-degree felony, and is free on $500,000 bond.
According to the report, investigators may share evidence with the district attorney’s office beginning today. Brent failed field sobriety tests and declined a breathalyzer but because the wreck resulted in a death, authorities were able to draw his blood without consent.
“It appears this case is being tried in the media,” Dallas County district attorney’s office spokesperson Debbie Denmon said. “They’re trying to paint him [Brent] as a victim and as tragic as this case is for so many people, the bottom line is that there is only one victim here and he’s dead.”
Defense attorney George Milner has held a news conference in which he was critical of witnesses to the crash who said Brent did little to help his dying friend Brown in the burning wreck.
“All I’m trying to do is present the truth,” Milner said. “I simply want him to be judged by the true facts. Not by people saying things that are not true and not by people with ulterior motives. He really is a good guy.”
Milner even challenged the level of alcohol in Brent’s system, although he said he has not seen test results.
“If it was 0.18, then the question would be what was it at the time he was operating the motor vehicle?” Milner said, according to the Morning News. “Alcohol in your stomach doesn’t impair you in any way. But it takes time to absorb into the blood stream. So if you have someone who just left a club and recently had a drink, their blood alcohol level will continue to rise over a period of some hours later.”
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Brad Biggs covers the Bears for the Chicago Tribune
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