Denton bar did not serve intoxicated UNT student

A bar visited by University of North Texas student Ryan McMillan in December just before he was fatally shot by a campus police officer did not serve alcohol to McMillan while he was intoxicated, a state agency investigation showed.

Officials with the Texas Alcoholic Beverage Commission investigated one location in Denton after the shooting .

“There was no evidence that he was served while he was intoxicated,” said TABC spokesman Chris Porter on Wednesday in a telephone interview. “But if new evidence is uncovered, the TABC would pursue another investigation.”

Officials did not identify the bar because it was not found in violation.

McMillan, of Fort Worth, was intoxicated and committed vandalism in December, a family attorney said Tuesday in a news conference.

McMillan had a hatchet in his hand when he was confronted by the officer, but Attorney Renee Higginbotham-Brooks of Fort Worth said that the campus officer did not have to fatally shoot the student because his hands were at his side.

Higginbotham-Brooks said McMillan was intoxicated, celebrating his 21st birthday.

The attorney scheduled the news conference Tuesday in Denton, noting that there were witnesses who have stated that McMillan never attacked the officer.

McMillan, 21, a sophomore, was fatally shot by UNT police Cpl. Stephen Bean.

A police video shows McMillan walking toward the officer with an ax. He died from multiple gunshot wounds to the chest and abdomen at 1:33 a.m. Dec. 13, according to the Tarrant County medical examiner’s office.

The Texas Rangers are still investigating, and officials have declined to comment because it is an ongoing case. UNT officials also have declined to make any additional comments because it’s a pending case.

Bean has been on desk duty pending the outcome of the investigation, officials said

Police went to the location near the Denton campus that morning in response to criminal mischief reports. McMillan is accused of smashing at least 10 cars with the ax before Bean arrived.

This story was originally published February 24, 2016 at 12:31 PM with the headline "Denton bar did not serve intoxicated UNT student."