OLEAN -- An order to exhume the body of Kevin King was signed Monday afternoon by Cattaraugus County Judge Michael L. Nenno, but it does not specify when it will occur.
King, of Olean, died Oct. 23 after a fight outside an Olean coffee shop. An autopsy indicated that he died of traumatic asphyxia, meaning that he was unable to breathe because of weight on his chest.
King's family has not accepted an investigation by the Cattaraugus County Sheriff's Department and a subsequent presentation of that evidence to a grand jury, which did not indict anyone in the death.
District Attorney Michael P. Nevins sought the exhumation order, which will allow King's body to undergo a second autopsy. It will be conducted by Dr. Michael Baden, director of the State Police Forensic Sciences Unit in Albany.
Nevins said that as soon as he can arrange for Baden to travel here, the exhumation will be scheduled and the autopsy will be performed in Olean General Hospital.
King's family gave consent for the exhumation last week after state Attorney General Dennis C. Vacco met with the family and Cattaraugus County legislators. Vacco, who entered the case at Nevins' request, agreed to consider both existing evidence and any gathered by an investigator for King's family.
Vacco explained that although his investigators will give the case a full review, it is also possible that they will not reach different conclusions regarding the cause of King's death.