Nov 6, 2009 6:10 am US/Eastern
Alleged DWI Cop: I Was Drinking, But Wasn't Drunk
Andrew Kelly Accused Of Driving Drunk, Fatally Striking Brooklyn Woman
Reporting
Lou Young
NEW YORK (CBS) ―
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An off-duty NYPD officer is under arrest, charged with driving drunk and killing Vionique Valnord, the daughter of a Brooklyn pastor.
CBS
The family of Vionique Valnord and the New York City police officer accused of killing her in a September DWI case came face-to-face for the first time Thursday.
Officer Andrew Kelly was answering the manslaughter indictment Thursday with an admission: he'd been drinking, but wasn't drunk when the accident occurred.
"He wasn't drunk," Arthur Aidala, Officer Kelly's attorney, said. "It was a dark, rainy, foggy night. A young woman was in the street when he was driving. It was an accident."
Officer Kelly's official 30-day suspension has run its course, so he's once again getting a paycheck from the NYPD. But he's not really working; it's just a technicality. He's also not eating, and he's very depressed. His lawyer says that during Thursday's proceedings, he wanted to go over to the family of the victim and express his condolences.
"I told him it was not the appropriate forum, but I did go over and speak to her father on his behalf and he couldn't have been more gracious," Aidala said.
Officer Kelly was at the wheel of the SUV that struck Vionique Valnord as she tried to hail a cab after a wedding reception. He stopped and gave her CPR, and was arrested at the scene based on the smell of booze on his breath – but he refused a breathalyzer test.
Although a blood-alcohol test administered hours later came up clean, the DA secured an indictment on the strength of witness testimony.
The victim's family insists that they want justice, not revenge.
"I don't hate the guy, I don't hate the guy, I forgive him," the victim's father, Rev. Varius Valnord, said. "I have faith in the district attorney and the judge. I believe justice will be served."
Public outcry followed the news that Kelly's blood alcohol level wasn't tested until seven hours after the accident.
Another officer was suspended for allegedly giving Kelly water and gum to mask the smell of alcohol. The NYPD's Internal Affairs Bureau has launched an investigation into whether fellow officers took part in a scheme to cover up Officer Kelly's alleged drinking.
"We're not paying attention to that," family spokesperson Roudlin St. Vil said last week. "Right now, we're just concentrating on our beloved loved one."
Valnord was laid to rest in Brooklyn.
Officer Kelly is due back in court on the vehicular manslaughter charge after the holidays.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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