LAS VEGAS -- As Las Vegas Metro Police Sheriff Doug Gillespie revealed the stunning circumstances that preceded Officer James Manor’s death, the same question appeared to go through the minds of reporters listening at his news conference.

Could the driver who collided with Manor be charged in this case?

Calvin Darling, 45, admitted to drinking “three or four” beers before the accident. Blood tests later showed his blood-alcohol-level was .035 at the time of the crash, and dipped to .02 an hour later.

A Virginia Tech study on the progressive effects of alcohol show that such low levels can be impair concentration and coordination, but the effect is grossly below what most people would call drunk.

The legal limit in Nevada is .08. At that level, according to the study, a person would have impaired depth perception, reflexes and peripheral vision.

Darling said at the time of the accident he did not hear or see James Manor’s police cruiser as it sped down Flamingo Road. Sheriff Doug Gillespie said Manor was driving 109 mph without lights and sirens, a claim initially made by Darling but rebuked by police.

The Clark County District Attorney has not filed drunken driving charges against Darling. Gillespie said Wednesday that he “would not support” charging Darling with failing to yield to an emergency vehicle.

Gillespie said officers are required to have sirens on if they go above the speed limit.