- Associated Press - Wednesday, April 20, 2016

DENTON, Texas (AP) - An autopsy shows a University of North Texas student armed with an ax while celebrating his 21st birthday was intoxicated when an officer fatally shot him.

The Tarrant County Medical Examiner’s Office determined Ryan McMillan was legally drunk when he died Dec. 13 after being shot by a Denton officer.

McMillan on Dec. 12 turned 21 - the legal age for drinking alcohol in Texas. He allegedly used the ax to break windows on several vehicles. Police who responded to the disturbance found McMillan walking along a street.

A grand jury last month declined to indict Cpl. Stephen Bean for the fatal shooting. Patrol car video recorded part of the incident.

A toxicology report released Monday found McMillan’s blood alcohol level was more than twice the legal limit for driving.

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