(WAVE) - UK’s now-closed chapter of the Alpha Tau Omega fraternity and its national headquarters are being named in a lawsuit filed on behalf of a 4-year-old boy killed last September, struck by an alleged impaired driver outside a Kentucky football game.
Marco Shemwell was crossing a street with his father and brother, when police said Jacob Heil, a pledge of the fraternity, swerved and hit the child.
The suit alleges that the fraternity hosted a beer breakfast that morning where Heil and other underage pledges were hazed and served alcohol.
Heil had a blood-alcohol of .051.
DUIs for people under 21 can be prosecuted at .02 or higher.
Heil also has been charged with reckless homicide.