Results don't change charges

Updated: October 13, 2003, 5:56 PM ET
Associated Press

ATLANTA -- Atlanta Thrashers star Dany Heatley was not drunk when he was driving the car that crashed, killing teammate Dan Snyder, according to the Georgia Bureau of Investigation's crime lab.

Heatley, 22, had consumed some alcohol before the Sept. 29 accident but not enough to accurately register on a crime lab test, said Erik Friedly, spokesman for the Fulton County district attorney's office.

"Alcohol was present, but it was below 0.015, which is the crime lab test reporting limit," Friedly said. "That's the lowest point that their test registers, and it was somewhere below that."

In Georgia, the legal limit for drunken driving charges is 0.08.

Snyder was buried Friday in his hometown of Elmira, Ontario, six days after the crash. His teammates, including Heatley, attended the funeral.

Test results haven't been completed to determine whether Heatley consumed drugs, Friedly said.

The test results don't alter any of the charges pending against Heatley -- felony vehicular homicide and four misdemeanors. He could potentially face a lesser driving under the influence charge, called "DUI less safe," Friedly said.

"We haven't made any final decision on formal charges," he said.

The district attorney's office will present its case to a grand jury after it completes the investigation, he said.

Heatley, the MVP of last season's 2003 NHL All-Star game, was injured in the crash and is out indefinitely.

The Thrashers referred phone calls seeking comment to Heatley's attorneys, Ed Garland and Don Samuel. They didn't immediately return messages left Friday evening at their homes and offices.

Copyright 2003 by The Associated Press