A man beaten to death, allegedly by police swinging flashlights, had alcohol and traces of cocaine in his system when he was killed, a newspaper reported Wednesday.
Malice Green had an 0.03 percent level of alcohol in his blood when he was killed, according to an official who reviewed autopsy reports, the Detroit Free Press said. The newspaper did not name the official."It's still no excuse," said Green's sister, Sherry. "I wouldn't give a damn if he had a gallon of liquor in his system, there's no excuse."
The level is less than a third of the 0.1 percent blood-alcohol level that constitutes drunkenness under Michigan law. The exact level of cocaine in his system was not reported, the newspaper said.
Calls to the home of Wayne County medical examiner Bader Cassin weren't returned Tuesday night.
Green, 35, died of head injuries after being bludgeoned Nov. 5 on a street near a suspected drug house.
Officers Larry Nevers and Walter Budzyn were charged Monday with second-degree murder. Sgt. Freddie Douglas was charged with involuntary manslaughter and willful neglect of duty. Officer Robert Lessnau was charged with assault with intent to do great bodily harm.
"The results of the toxicology report will not make a difference in the prosecution," said Richard Padzieksi, chief of operations for the Wayne County prosecutor's office.
Defense attorneys for the officers disagreed.
"If there was cocaine in Mr. Green's system - and depending on what level and in what mixture with alcohol - it clearly casts new light on his behavior on the night in question," said John Goldpaugh, who represented Nevers, Budzyn and Lessnau at their arraignment.
The four officers are free on bond pending a Dec. 14 preliminary hearing.
If convicted, Nevers and Budzyn would face up to life in prison. Douglas would face up to 15 years, and Lessnau would face up to 10 years.