A 22-year-old Omaha university student had been drinking before he was struck by a police cruiser on a dark street last month.
That's the conclusion of an Omaha police investigation into the Feb. 22 accident that killed Justin Nealon.
Nealon died a week after he was critically injured while walking home before dawn after visiting friends. Authorities say he was hit while crossing a dark stretch of West Center Road not marked for pedestrians. He also was wearing dark clothing.
The police investigation found no negligence on the part of Officer Brian McKenzie, who was driving the police cruiser at the time of the accident.
Police say tests taken four hours after the accident showed Nealon's blood alcohol level just higher than .04-percent.