Off-Duty Crash Cop's 9-Hour Wait For DWI Test Investigated

Photograph by Rob Bryon / Shutterstock

Yesterday, it was reported that an off-duty police officer hit a divider on the Bronx River Parkway, overturning the vehicle that held him and his partner. Though police officers at the scene determined that Office Rafael Casiano had been drinking—he admitted he "had a few drinks"—he was not given a Breathalyzer until nine hours later. Now the NYPD says Internal Affairs is investigating that delay.

The Daily News reports that Casiano had been at his lower Manhattan precinct Christmas party before the 4:36 a.m. crash. Cops who responded to the crash could smell alcohol on him, but, still, Casiano wasn't given a Breathalyzer: Finally, "He blew a .032 and a .029 on Breathalyzer tests about nine hours after his arrest, according to the court papers," which is under the 0.08 legal limit. NYPD spokesman Paul Browne said, “IAB is investigating why there was an inordinate delay in it being notified... Despite the delay, IAB, after interviewing EMT and medical staff and obtaining a warrant for the subject’s blood, made the determination that he was unfit for duty, arrested him for DWI and suspended him.”

Casiano's partner Keith Paul was in a coma and suffered head and liver trauma. Paul is now awake at Jacobi Hospital—his mother told the News, "This is my Christmas miracle." Casiano, who suffered back injuries, made the $5,000 bail.

In 2009, a police officer, Andrew Kelly, fatally struck a Brooklyn pedestrian, Vionique Valnord, and wasn't given a blood alcohol test until seven hours after the crash (by then he had no alcohol in his system). Kelly eventually took a plea deal for 90 days in jail.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on December 25, 2011 11:04 AM

Comments [rss]

Guest

Damn the two drunk driving cops will suffer thru 5 month paid vacations this winter,, poor guys

Guest

If IAB is investigating this incident, you can rest assured that no one will be found in violation of anything.

Inconcievable de Impublishable

They should start cutting off cops fingers when they get caught on shit like this. Not the DWI, the coverup.

Guest

SOMEbody's going to owe a few favors.

iceberg

There oughtta be a law mandating a breathalyzer test in the case of automobile accidents involving an officer, whether they were on-duty or not at the time of the incident.

The same should go for any city employee above a certain pay-grade, namely those for people who are in a high-ranking position of power and might otherwise "pull rank" to avoid the test that us ordinary mundanes would be forced into.

Furthermore we should require them to "volunteer" this relevant information to the police responders at the scene, and make it a felony for both the responding officers and the party involved in the accident if they fail to do a breathalyzer or blood work in such scenarios.

the4thcoming

Serve and protect themselves is the new serve and protect the public.

e non

nope, can't possibly anticipate that a christmas party held by the nypd would yield someone unfit to drive.

"Tim Osman"

Merry Christmas to the NYPD! I hope you guys remember that Santa isn't real and for those of you who have been naughty this year - Jesus does not approve of your antics

Guest

Excuse me but Jesus is not real either.

"Tim Osman"

I didn't want to go there but you did so yes I would tend to agree

carrots328

I got a ticket once for moving a beer from one window sill to another (they considered it drinking outside), but they wait 9 hours to give a cop who almost killed someone a test. awesome. seems fair.