Police statements said Brooks, Divens and others had been drinking and went to a bar before returning to Brooks' house. Divens pretended to throw Brooks' keys in the grass, though he had actually held onto the keys, prompting the attack. Investigators were told Brooks was intoxicated and had threatened to get a gun..Through Lloyd's estate, Lloyd's family could sue Hernandez and argue that his negligence caused Lloyd to die. The standard for proving wrongful death is dramatically lower than what prosecutors must secure for a murder conviction. Essentially, Lloyd's family would have to convince a jury that Hernandez's conduct on the night of Lloyd's death was probably unreasonable and it probably caused Lloyd to die.

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