Saturday, October 31, 2009

Detective Kevin Spellman Charged with Killing Pedestrian While Drunk Driving

One day after the arrest of an off-duty police detective on charges he killed a pedestrian while driving drunk, the authorities provided more details about the five-hour gap between the accident and the time the police were able to obtain a sample of the detective’s blood, saying the detective’s case was processed more quickly than is normal in such cases.

Prosecutors said the detective, Kevin C. Spellman, 42, a 22-year veteran of the force, was driving a Chevrolet Malibu that struck and killed Drana Nikac, 67, as she crossed Kingsbridge Avenue in the Bronx early on Friday morning. He was charged with second-degree vehicular homicide, criminally negligent homicide and driving while intoxicated.

It was the second time in five weeks that an off-duty police officer was charged with killing a civilian when driving drunk. On Sept. 27, Officer Andrew Kelly, 30, was arrested after the sport-utility vehicle he was driving struck Vionique Valnord-Kassime as she tried to flag a cab, the authorities said.

In that case, prosecutors said Officer Kelly refused a breath test at the scene, and a blood test seven hours later showed he had no alcohol in his system. He has pleaded not guilty.

Police officials said they worked quickly to process Detective Spellman’s case in the hours between the 6:30 a.m. accident, and noon, when they drew the blood sample. Steven Reed, a spokesman for the Bronx district attorney, said his office also moved promptly, and he disputed the idea that the time frame of more than five hours represented any kind of delay.

“Focusing solely on a time line in a vacuum is an oversimplification of what’s involved,” Mr. Reed said in a statement. “The mere notification of an incident is not the same as having all of the information that the law requires before a search warrant can be issued.”

On Friday morning, a sergeant at the scene told prosecutors that Detective Spellman’s speech was slurred, his eyes were glassy and he smelled of alcohol, according to the text of the criminal complaint. About 7:40 a.m., another officer heard Detective Spellman say that had not seen the victim, who “came out of nowhere,” the complaint said.

At 8 a.m., Detective Spellman refused a breath test at the scene, according to Paul J. Browne, the Police Department’s chief spokesman. Shortly afterward, police officials contacted prosecutors to make them aware of the case, Mr. Browne said.

Detective Spellman was taken to the 45th Precinct station house, and by 9:46 a.m., he was videotaped refusing a second, more sophisticated breath test, Mr. Browne said.

With that refusal, police officials and prosecutors set about trying to obtain the blood sample.

Shortly after 10 a.m., a sergeant who had been at the scene of the accident arrived at the Bronx district attorney’s office to work with prosecutors on an application for a court order. Mr. Reed said that by law, a police officer was required to request such an order in person.

In the meantime, officials with the Internal Affairs Bureau ordered Detective Spellman be taken to Jacobi Medical Center to await a blood test.

State Supreme Court Justice Harold Adler signed an order to take the detective’s blood at 11:39 a.m. Friday, said Kali Holloway, a spokeswoman for the State Office of Court Administration.

By noon, Detective Spellman’s blood was drawn, the authorities said.
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http://www.nytimes.com/2009/10/31/nyregion/31cop.html

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