Mark Kerrigan will await his trial for manslaughter in jail after a judge revoked his bail – unless his lawyers can prove that cough syrup caused him to fail an alcohol breath test.
The troubled brother of skater Nancy Kerrigan flunked four tests over one half-hour on Saturday night, prosecutors said Monday, according to the Associated Press.
He blamed cough syrup for the readings, which ranged from .025 to .036; while those numbers are below the legal driving limit of .08, the results violated his bail agreement not to drink alcohol. He is also required to undergo random drug and alcohol screenings.
The Kerrigan family has stood by him since the death of his father, and continues to do so.
“Mark has been 100 percent compliant with all aspects of his probation,” family spokesperson Nancy Sterling said in a statement. “His attorney is looking into the issue of medicines he was taking and we continue to support Mark.”
Mark, 46, is accused of manslaughter in the Jan. 24, 2010 death of Daniel Kerrigan, 70, during an altercation.