DWI, Manslaughter Indictment for Cop Who Struck Woman

A Police Officer Oct. 14 was indicted on charges of vehicular manslaughter and driving while intoxicated after, while off-duty, he hit and killed a woman hailing a cab on a Brooklyn street last month, Brooklyn District Attorney Charles J. Hynes announced.

Police Officer Andrew Kelly faces up to seven years in prison for his role in the fatal accident that left Vionique Valnord-Kassime dead on Sept. 27.

Delayed Alcohol Test

Mr. Kelly passed a Breathalyzer test that was delayed for seven hours after the 12:41 a.m. crash despite two officers on the street swearing in an affidavit that Mr. Kelly showed signs of being drunk. He registered a zero blood-alcohol level.

The NYPD Internal Affairs Bureau has been investigating a possible cover up of the incident, including how one cop gave Mr. Kelly water and gum to mask the smell of alcohol on his breath. That officer, Robert McGinn, has been suspended. Investigators are also probing why there were numerous delays in getting Mr. Kelly to the hospital for a sobriety test, including an hour’s delay to transport him from a precinct stationhouse after a warrant was issued to draw his blood.

One of Officer Kelly’s passengers, Police Officer Michael Downs, was suspended for failure to promptly report that he was a cop to supervisors. It has been reported that he left the scene of the accident near Avenue N and East 56th St. in Mill Basin, Brooklyn without disclosing his NYPD status.

After the blood-alcohol test came back negative, the DA vowed to go forward with the case anyway despite Mr. Kelly’s lawyer, Arthur Aidala, saying instead that Mr. Kelly attempted to help resuscitate Ms. Valnord-Kassime, an account that conflicts with statements made by her family.

Mr. Kelly Oct. 2 pleaded not guilty to the charges at his arraignment and was freed on $200,000 bail.

Last week’s was the first criminal charge in the case.