An off-duty Chicago police officer charged with crashing into and killing a 13-year-old boy on a bike wasn’t administered a Breathalyzer for four hours after the crash and didn’t have blood drawn to test for his sobriety for another eight hours because he initially refused to cooperate, police said Tuesday. Four hours after the crash, Officer Richard Bolling registered on a Breathalyzer at 0.079, just under the legal limit of 0.08, prosecutors said.

Bolling, 39, appeared in Cook County court Tuesday, four days after he was charged with aggravated Illinois DUI, reckless homicide and leaving the scene of a crash early Friday that killed Trenton Booker. He is being held in lieu of $2 million bail.

Friday’s death marked the second time in just over a month that an off-duty Chicago police officer has been arrested in a fatal crash allegedly involving alcohol. Joseph Frugoli was charged in April with reckless homicide and Chicago DUI after a fiery crash killed two men.

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