Cop Accused of Manslaughter in Fatal DWI, Lawyer Blames Weather

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Vionique Valnord
Just before 1 a.m. on Sunday, Vionique Valnord, 32, was trying to hail a cab after a wedding reception in Flatbush when she was fatally struck by a Jeep Cherokee SUV; the driver was NYPD officer Andrew Kelly, 30, a seven-year veteran of the department who worked in the 68th Precinct. Four passengers in the SUV, one an off-duty cop, immediately fled the scene, but Kelly, who was off-duty, remained. His brother-in-law tells the Times that Kelly "performed CPR on the woman," and one witness tells the Post, "[Kelly] got out of the car, and he was trying to resuscitate her. He got her breathing again by the time the ambulance got here."

Officer Kelly refused to take a Breathalyzer test at the scene, but a sergeant reported that he had red, watery eyes, slurred speech, and smelled of alcohol. Oh, and there were "alcoholic beverages" in the vehicle; a police source tells the Post a plastic beer cup was spotted near his seat. Kelly later obeyed a subpoena to take a blood test some seven hours later, but the results haven't been made public yet. He was arraigned last night in Brooklyn Criminal Court, and charged with vehicular manslaughter and DWI. Kelly was released on $200,000 bond, but his driver’s license is suspended and the NYPD has suspended him without pay for 30 days.

There are conflicting reports about the other off-duty cop in the SUV, Michael Downs of the 70th Precinct in Brooklyn. He claims that an investigator at the scene told him he was clear to leave, but other NYPD sources refute that and say Downs didn't alert his superiors until he showed up for work yesterday. According to the Post, NYPD brass "were so angry over his leaving that they at first threatened to try to charge him criminally." Downs, who has been suspended, kept a Facebook page with the motto "DRINK UP LIFE IS TOO SHORT!!!" and cited his favorite music as "any music that makes me drink. Lol."

Valnord was rushed to Kings County Hospital Center in critical condition and was later pronounced dead. Witnesses say she was about 100 feet east of the crosswalk when she stepped out into the street to try to hail a cab. Her friend tells the Daily News, "When the car hit her, she fell away from the car and it came to a stop. He hit the brakes only after he hit her—he didn't slam on the brakes before. There was no screeching tire sound or anything." Kelly's lawyer says, "It was a dark and dreary night. [There] was heavy rain. The streets were dark."

Valnord's father, Rev. Varius Valnord, presided over the wedding that his daughter attended the night of her death. According to the Daily News, she was a teetotaler who lived above her father's church and devoted much of her time to Bible study and the church's social programs. Rev. Valnord says, "My heart is full of pain—she's my lovely daughter, my only daughter. I don't feel angry. I forgive him. God keeps me strong, but I feel so bad."

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Comments (14) [rss]

"It was a dark and dreary night. [There] was heavy rain. The streets were dark."

Sultry.

It was a dark and stormy night; the rain fell in torrents, except at occasional intervals, when it was checked by a violent gust of wind which swept up the streets, rattling along the housetops, and fiercely agitating the scanty flame of the lamps that struggled against the darkness, sweeping up all pedestrians,in it's wake. My Jeep Grand Cherokee carried me, bravely, through the darkness, drinking music pouring from its speakers and pounding though my alchohol saturated brain...

So no matter what never agree to the breathalyzer ? Is this so your BA level might be a little less by the time they take another test?

I wondered the same thing as well, and I'm assuming it is because of your hypothesis that as time passes, the reading will be lower than immediately after being pulled over. As this cop knew enough to refuse it, I'm also assuming that refusal is the way to go, if you're going to be dumb enough to drive drunk.

Definitely.
BA level goes down with time, delaying the test can only help you.

What an ass.
Although he should be a slightly lower sentence for performing CPR.
And yet another reason why I don't put too much info on Facebook.

The weather is no excuse for being reckless. I hope he enjoys jail... they don't really like cops there.

they should all be charged with a crime - imagine the Giants player was sent to jail for two years for carrying a gun - here the NYPD CRIMINALS murder someone - lets see how the law affects them? Lets see how great our justice system is....

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think anyone driving drunk should be skewered on a stick and left to die. I'm just wondering if we'll be finding out that the victim was drunk too, and possibly reckless herself. She DID step out onto the street on a dark and stormy night.

Read the post "she was a teetotaler who lived above her father's church and devoted much of her time to Bible study"

Oh, dang. You're right. I have a tendency to skip the "And the mother said her daughter was a shining butterfly" quotes at the end of articles. Upset relatives seldom have much to offer.

That said, I still wonder about a toxicology report as it wouldn't be the first time that we had relatives say their departed was a shining angel light.

While we wait for that report, let's park a car on the drunk driver and set it on fire.

More evidence that cops are corrupt and dumb. They Break the laws. I ALWAYS see cops talking on the cell phone while they drive around.

Cops are dishonest thugs. Most arent very smart. They seek power and this is the only way they can attain power in life. Not through their intelligence which they lack, but brute force.

I'd be embrassed to be a cop in the NYPD. Just look at how dumb of them are. Theres also no shortage of criminal behavior on their part.

"It was a dark and dreary night. [There] was heavy rain. The streets were dark."

All the more reason to drive sober and carefully. Seriously, Officer Kelly had to be speeding to hit the victim with the kind of blunt force that threw her in the air. The speed limit for residential areas is 30mph. A good guess is that he was going considerably way over the limit.

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