Nation IN BRIEF : TEXAS : Slaying Incident Victim Wasn’t Drunk

A Scottish businessman shot and killed by a Houston homeowner who apparently mistook him for a burglar was not legally drunk at the time of the early morning incident, the Harris County Medical Examiner’s Office said. Andrew Peter De Vries, 28, of Aberdeen, Scotland, had a blood-alcohol level of 0.08% when he was killed earlier this month by Jeffrey Agee, who fired three times through a back door in his house as De Vries was knocking on the door, a medical examiner’s office spokeswoman said. A blood-alcohol level of 0.10% is considered legally drunk in Texas. The case will be referred to a state grand jury without charges against Agee, police said.