Test shows Henry had alcohol in his blood

A law enforcement official familiar with the investigation told the Associated Press last month that the level was 0.13. Henry’s parents, Danroy and Angella Henry, criticized that disclosure at the time and remain “not at all’’ convinced their son was drunk, Sussman said.

“The information we have is that he was totally functional and coherent in the period before, and we have no indication he was impaired from anyone we’ve talked to,’’ Sussman said during a telephone news conference.

He said the tests showed no “licit or illicit’’ drug use.

Henry was killed Oct. 17 during a disturbance outside a bar in the New York City suburb of Thornwood. Police said the Pace University student sped away and hit two officers after a third officer knocked on his car window.

The parents and some witnesses dispute that account, and a Westchester County grand jury investigation is under way. The family is demanding that federal prosecutors to take over the inquiry.

Sussman said that the blood sample provided by the Westchester medical examiner to the lab hired by the family — NMS Labs in Willow Grove, Pa. — was not labeled as to when and from what part of the body it was taken.

He said that means the possibility exists that the alcohol level increased in the blood between the time Henry was killed and the time of the autopsy.

“If you took it a week later you’d have a very different [blood alcohol] number than a day later,’’ he said, adding that he was told the autopsy was conducted within two days of the shooting.

The Westchester district attorney’s office would not comment.

Sussman also said that the Henrys are heading to Washington today in support of their call for a federal investigation. He said they had some scheduled meetings and “intend to speak with the highest-ranking official they can’’ at the US Department of Justice.