Brown also accused Hendren and Riordan of violating the department's alcohol policy, which states, in part, "No employee shall report for duty or remain on duty with an alcohol concentration of .04 or greater. Moreover, no employee shall consume alcohol while on duty and/or engaged in city business. This includes a prohibition on alcohol consumption during the entire work period, including, but not limited to lunch and dinner breaks."

The department has confirmed only that it has a policy requiring officers be tested for the presence of drugs and alcohol in an officer-involved shooting. Information on whether the policy was followed and any results are "part of the ongoing investigation," according to department spokeswoman Officer Michelle Woodling.

Circuit Attorney Kimberly M. Gardner in a letter released Tuesday questioned whether police tried to block drug and alcohol testing of the two men. The letter to Hayden and Edwards said there was “probable cause at the scene that drugs or alcohol may be a contributing factor in a potential crime.”

Gardner said in the letter that a police lieutenant erroneously told her office that the hospital would not honor a search warrant for the officers’ blood. She also complained that the police department had taken urine and breath tests in a way that she believed would block their use in a criminal prosecution.