Toxicology Results In

By: Tara Hettinger
By: Tara Hettinger

An employee with the Spillway Bar and Grill says she served drinks to the McDowell brothers on the night of the accidents. She also says that their father was with them that night playing pool.

"An accident can still happen, but I would say with these levels it probably was a contributing factor," said Kevin Kirby, Warren County Coroner.

The legal limit for alcohol in the bloodstream for driving in the state of Kentucky is 0.08. At the time of his death, Cory McDowell had a level of 0.253, three times over the limit. And Rory's was 0.165, twice the limit.

The Warren County Sheriff Deputies investigated the crash of Rory McDowell.

Their report does not list alcohol as a factor. In fact, it specifically says that alcohol was not suspected.

"So therefore it indicated to us that by not smelling anything and nothing being in the car with them that they weren't drinking," said Kirby.

The report does say that the investigators talked to Andy McDowell, the boys father, at the scene. He told them that he was on the phone with Rory when the accident occurred.

There is no indication that Deputy McDowell informed the investigator at that time that he had been with his sons at the Spillway earlier that night.

Captain Brent Brown who signed off on this report says it is his practice in all cases to report that alcohol is not suspected until their is significant proof otherwise.

A spokesman for the Sheriff's Department says that blood tests are always done in accident like this, and that nothing is final until those results arrive.

The Kentucky State Police investigated Cory McDowell's accident. Their report also indicates that alcohol wasn't suspected.

Investigators say there was no way of knowing in that case because the vehicle was fully engulfed in flames when they arrived at the scene.

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