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Officer Andrew Kelly at his arraignment.
A spokesman for Brooklyn District Attorney Charles Hynes says, "We believe we have enough circumstantial and direct evidence to get a conviction in this case." An officer at the scene reported that Kelly had bloodshot eyes and reeked of booze, and there was alcohol in his SUV at the time of the accident. But Kelly refused to take a Breathalyzer, and at one point allegedly told officers, "I'm not going to let that happen. You're going to have to tie me down."
According to the Post, the NYPD is investigating "whether the first cops at the scene of Sunday's fatal crash involving an allegedly DWI officer plied him with gum and water to help mask booze on his breath." Drinking gum would not have affected the blood test, but water, obviously, would have helped flush out the alcohol. Because of Kelly's score of zero on the test, forensic pathologist Dr. Michael Baden says, "The defense has a strong case." Naturally, the family of Vionique Valnord is distraught, and her mother says, "The blood of my daughter [is] on him."
Explaining Kelly's refusal to take the Breathalyzer or blood alcohol test, his lawyer tells the Daily News, "The bottom line is everybody has rights. All he wanted was the most accurate form of testing." And sources tell the Post that the other off-duty cop in Kelly's SUV, Michael Dowd, never told any of the investigating officers at the scene he was a cop before leaving. He claims they told him he could leave, but NYPD sources tell the tabloids he didn't admit to being in the vehicle until the next morning. He's currently suspended for 30 days.
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can anyone refuse a breathalyzer? or just cops protected by their union?
Anyone can refuse a breathalyzer.
The fact remains: he still killed someone.
If the evidence shows that the defendant refused the breathalyzer at the scene, the judge will give a charge to the jury before deliberations that they may draw a negative inference against the defendant from that refusal.
Anyone can refuse, but it is a crime to do so. You consent to a breathalyzer or blood test when you sign your driver's license.
You can refuse the initial breathalyzer and sobriety tests offered by the cops who stop you in your vehicle, but you cannot refuse the blood test given when they take you in.
Well that reply was supposed to respond to the first post.
You demand a blood test and hope that it will take longer than usual to have it done. But there are metrics for alcohol absorbtion that can convict you even if your blood test was delayed for hours and you come up under the legal limit. The whole point is to never admit to how much you drank and bargain for reduced charges.
Wow, does alcohol flush out of your system that fast? At 2am he's tanked, but at 8am there are no traces?
Looks like he knew what he was doing, the a-hole.
He could have been legally drunk. google says that 0.10 alcohol level takes 6.6 hours to flush out of the system.
BAC Level Metabolism Time in Hours
.10 6.66
.08 5.33
.05 3.33
.02 1.33
Drinking gum would not have affected the blood test...
My new favorite gothamist typo.
NERD ALERT!
Aww- I just realized the original post says "Drinking gum would not have effected the blood test..." What happened JDS? Usually the grammar in your posts is so much better than the others. Did someone else "proofread" your post?
Nobody proofreads anything.
Plenty of murderers proudly wearing their Yankee gear. I did not know you could drink gum. These cops have all these tricks up their dirty little sleeves.
this guy is scum
today in "another reason to hate the NYPD"...
what a piece of shit.
I'm surprised alcohol testing hasn't become more sophisticated after all these years. You'd figure there'd be something like "Well, there's no alcohol in his blood now, but this and this and this indicate that there *was* alcohol in his system earlier."
I'm pretty sure they can do that and anyone can guess that the person had higher BAL at the time of the incident. I am not sure if that will hold in court, except maybe persuade the jury a little bit, since it doesn't prove the person actually had alcohol at that time.
It sucks.
"All he wanted was the most accurate form of testing."
We all know the most accurate form of testing is with a warrant!
Is there a competition for most despicable NYPD officer going on that I don't know about? Are the detectives who raped the drunk woman in the East Village leading the tournament?
NYPDrunk?
I was told by a highly decorated retired detective, who was accused of DWI, to never submit to a breathalyzer test. Let them lock you up and go through whatever they have to, but don't take the test.
BTW, enjoy the free bologna sandwich as you sober up.
I recently got stopped at a checkpoint. I had 1 Corona earlier in the night. I didn't think twice about taking the test. The funny thing is the first cop didn't know how to work it, and had to call a second one over. They were both examining it. Then they waved me on as if they couldn't figure it out and didn't want to bother. It was like a comedy.
Pretty unlikely, sorry. You probably misinterpreted something.
Cops have to be certified to use a Breathalyzer. If they aren't they don't use it all -- they call for someone who is. If they are certified, obviously they know how to operate it.
"Because of Kelly's score of zero on the test, forensic pathologist Dr. Michael Baden says, "The defense has a strong case.""
Having recently served on a jury, which obviously qualifies me as an expert on everything, I don't think a jury will give a lot of weight to the zero score. It's fairly obvious why the result is zero. Trying to BS the jury, in my experience, doesn't help.
I don't think it's BSing the jury, it's how he's going to be positioned in court. Without the BAL, the defense can argue that it was late out, it was raining, and it was hard to see her in the street at 2am.
If he gets convicted at all, he'll get involuntary manslaughter.
I presumed that the prosecution would present the testimony of the witnesses and evidence described above, namely:
"An officer at the scene reported that Kelly had bloodshot eyes and reeked of booze, and there was alcohol in his SUV at the time of the accident."
Given that testimony, making an argument like you describe would be attempting to BS the jury, imo.
Hopefully, the IAB will investigate what he was doing in the hours before the accident and find when and where he had been drinking, and the prosecution will present this as evidence at the trial.
There you have it folks, an NYPD handbook on what to do if you're busted for DWI. Don't talk to the police, don't blow into any machines, don't voluntarily submit to anything, argue with the doctor who they get to draw blood from you, make the DA jump through every hoop possible to gather evidence, and then deny deny deny. Write it down if you want.
pigs
Kelly, who desperately tried to revive Valnord, wept when told she had died. Kelly cried out, "I tried my best! I gave her CPR!"
Too little, too late. This wouldn't have happened in the first place if Kelly hadn't been drunk and speeding. And the cop coverup is completely disgusting.
Drunken CPR could kill someone or make it even worse. I wonder if the jerk broke her ribs trying
Nothing wrong with breaking ribs with chest compressions. It's fairly common. In fact, it's better to use too much force than too little. One of the reasons CPR fails the majority of the time is because people are too timid and don't push hard enough. If you're not pushing hard enough to circulate blood, you might as well not even try.
how is there a cop coverup? the cop was arrested. and to everyone else having bloodshot eyes and reeking of booze doesn't always mean you're drunk. ive woken up many mornings with blood shot eyes and reeking of alcohol. i don't agree with the fact that he was drinking and driving but if you say youve never done it then youre full of it.
Note to self- if you ever want to kill someone, join the police force, drink til shitfaced, run them over. Have friends on force do the rest.
Your comment is so wrong but so true in many many ways.
Its funny if it was a civilian, everyone would be saying that Cops are messed up and they are framing the guy. The FACT remains he had a .00 BAC, when the test was administered, anyone who had DWI enforcement experience knows that if he was a .00, the chance he was drunk a the time is slim. But of course DA Hynes will try his hardest to go after him. Meanwhile the Brooklyns DA's office will decline to prosecute gun arrest and drug arrest, but they will present a case with little or no evidence. Theres many factors here, it was late, rainy and foggy, and on top of that she was in the middle of road trying to hail a cab. She just left a wedding, is there a slight chance she may have been intox herself. Theres no cover up this test is given by a Doctor not Police personnel. Unfortunatly he will get convicted cause its a Brooklyn and Brooklyn juries hate cops, especially white cops!
see post above with alcohol metabolism rates.
note that dead woman has every right to be drunk and is allowed to hail a cab standing in the street (where everyone in the city hails cabs).
now go fuck yourself for defending a drunk driving cop and trying to make the victim look like getting run over to death by an SUV was her fault. douche.
If it was a "civilian" (PS: the cops aren't soldiers, no matter how much they want to be) who refused a fucking blood test so he could beat a DWI rap for EIGHT HOURS, I don't think anyone would claim "Cops framed the guy", but thanks for the strawman! Even if The behavior of the Brooklyn DA is irrelevant regarding prosecuting this killer, so hey, thanks for playing.