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LEXINGTON, Ky. (WDKY) – 18-year-old suspended UK student Jacob Heil told police he drank two beers hours before colliding into a 4-year-old boy on the side of a road near Kroger Field Saturday, according to a report.

The boy, 4-year-old Marco Lee Shemwell, died Monday at Kentucky Children’s Hospital.

Police say Heil had a blood-alcohol content of .051, which is below the legal limit for adults, but it is above the legal limit for people under 21. The DUI arrest report says Heil left a tailgating event before the collision on Cooper Drive. Heil’s arrest citation said the UK freshman had “a strong odor of alcoholic beverages, red blood shot watery eyes and showed signs of impairment on field sobriety tests.”

The University of Kentucky announced Heil was suspended pending the police investigation, and Alpha Tau Omega, the fraternity Heil pledged to, is also suspended on an interim basis. The national chapter is also investigating the fraternity.

The Lexington Herald-Leader reports UK officials sent a letter to ATO Monday stating the fraternity collected money from members for an unregistered tailgate. Alcohol was served to minors, and pledges were forced to serve alcohol to others. UK officials are scheduled to meet with ATO Thursday.

The DUI report also says Heil was released on his own recognizance.

University Provost David Blackwell met with the leadership of UK Greek Life organizations and individual chapters to discuss alcohol and campus security.

“We have certain expectations for behavior. We know the vast majority of students live up to those expectations all the time, but it was important for us to reinforce our expectations that our students will follow the law, especially in regard to what is legal drinking and what is now,” UK spokesman Jay Blanton said, “Underage drinking will not be tolerated at tailgate events. The student code of conduct is very clear. It’s unambiguous about where drinking is allowed, how it’s allowed, and what context it’s allowed in.

UK is installing new lighting along heavily traveled roads near Kroger Field.