However , in February 2010 the decedent 's estate filed a wrongful death lawsuit against O'Rourke and the bar in which the incident occurred .
The state 's attorney ultimately declined to prosecute O'Rourke for his role in this incident .
In February 2010 the decedent 's estate filed a wrongful death lawsuit against O'Rourke and the bar in which the incident occurred .
The state 's attorney ultimately declined to prosecute O'Rourke for his role in this incident .