Mark Kerrigan had been free on $25,000 bail after pleading not guilty to manslaughter last year. A judge revoked Kerrigan's bail Monday after prosecutors said he failed four breath tests Saturday. The readings were below the legal limit.
His lawyer said Kerrigan told her that he took cough syrup for a cold. The judge said he would hold a new hearing if the defense could show Kerrigan had taken only medicine.
Prosecutors say 70-year-old Daniel Kerrigan died after a fight with his son, who had been drinking. Kerrigan's lawyer and family say Daniel Kerrigan had a heart condition and his son was not responsible for his death.