NYPD COP Andrew Kelly was indicted for vehicular manslaughter, drunken driving and speeding Wednesday, two weeks after running over a pastor's daughter.
Kelly could face as much as seven years in prison if convicted in the Sept. 27 crash that killed Vionique Valnord, 32.
The off-duty officer's lawyer said he was not drunk. "This was a tragic, horrific accident," said Arthur Aidala. "He was driving on a dark, rainy, foggy night."
Authorities say he was glassy-eyed, reeked of booze and slurred his words - but he refused a Breathalyzer test.
A blood-alcohol test wasn't performed until more than seven hours later, and it showed no alcohol in his system by then.
Kelly declined to testify before a Brooklyn grand jury, but the panel heard from an accident reconstruction expert, witnesses at the scene and three of Kelly's passengers, sources said.
The witnesses included a buddy who told cops after the crash Kelly had been in two bars and drank six to eight beers.
Kelly was suspended, along with a cop at the scene who gave him water and gum. A sergeant has been transferred during an internal probe.
The Valnords' lawyer said his clients are confident they will get "justice."
"The family now awaits the investigation of the Internal Affairs Bureau to determine if there was an attempt to cover up," lawyer Sanford Rubenstein said.
Read more: http://www.nydailynews.com/news/ny_crime/2009/10/14/2009-10-14_accused_dwi_cop_andrew_kelly_indicted_for_vehicular_manslaughter_.html#ixzz0U4h0BrSo
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