Beating Victim Had Cocaine in Him, Papers Say

DETROIT —  A man beaten to death, allegedly by police swinging flashlights, had alcohol and traces of cocaine in his system when he was killed, it was reported Wednesday.

The Detroit Free Press and Detroit News said an unidentified official who reviewed the autopsy reports on the victim, Malice Green, reported the traces of cocaine.

The Free Press also said Green had a 0.03% alcohol level in a urine sample.

“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.”

Dr. Phil Predmore, a toxicologist for the Oakland County medical examiner’s office, said a urine alcohol test--unlike a blood alcohol test--does not indicate whether a person drank enough to be impaired.

A person with alcohol in his urine may have no alcohol in his blood, Predmore said.

Green, 35, died of head injuries after being beaten Nov. 5 on a street near a suspected crack house.

Officers Larry Nevers and Walter Budzyn were charged Monday with murder.

Sgt. Freddie Douglas was charged with involuntary manslaughter and willful neglect of duty. Officer Robert Lessnau was charged with assault.

“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 bail pending a Dec. 14 preliminary hearing.

If they are convicted, Nevers and Budzyn could get life in prison. Douglas could get 15 years and Lessnau 10.