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The Dark Knight - September 29 2009, 7:08 PM

Blood alcohol test finds no booze in system of cop accused of mowing down preacher's daughter

BY Wil Cruz AND Rocco Parascandola
DAILY NEWS STAFF WRITERS

Updated Tuesday, September 29th 2009, 5:27 PM
Pastor Varius Valnord holds a picture of his daughter, Vionique Valnord, 33, who was fatally hit by a car driven by off duty NYPD officer Andrew Kelly.

Gabel for News
Pastor Varius Valnord holds a picture of his daughter, Vionique Valnord, 33, who was fatally hit by a car driven by off duty NYPD officer Andrew Kelly.

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A blood alcohol test found no booze in the system of an accused drunken cop charged with mowing down a preacher's daughter in Brooklyn, sources said Tuesday.

The stunning results - from a test taken more than seven hours after the fatal wreck - will likely complicate the Brooklyn DA's case against Officer Andrew Kelly, 30.

DA spokesman Jerry Schmetterer insisted investigators still have enough evidence to build a powerful case against Kelly, who reeked of alcohol and told cops he downed more than six beers before he was arrested Sunday.

"We are confident we have circumstantial and direct evidence to get a conviction in this case," Schmetterer said.

The Rev. Varius Valnord, whose 32-year-old daughter Vionique, was killed Sunday, expressed disbelief over the test results.

"That's not right - that can't be right," Valnord said. "This is crazy."

Vionique Valnord was killed about 12:40 a.m., as she tried to hail a cab in Old Mill Basin.

Kelly's Jeep Cherokee hit her so hard her body flew into a traffic light, police and witnesses said. She died a short time later.

Officer Michael Downs, who was also in the car, and two other men fled after the early morning crash.

Kelly stayed at the scene.

"They left my daughter dead on the ground," Valnord's mother, Philoisa, fumed Tuesday.

"They left her like she was garbage.

These men were supposed to help and they all ran away like cowards."

Kelly, 30, a seven-year veteran assigned to the 68th Precinct, has been charged with vehicular manslaughter and DWI.

"I want Andrew to go to jail forever," she said. "All the blood from my daughter is on Andrew Kelly's hands, and he needs to get ready for judgment day."

The News reported Tuesday that it took more than seven hours from the time of the 12:41 a.m. accident on Sunday before Kelly's blood was drawn so it could be tested for alcohol.

NYPD Commissioner Raymond Kelly called "not significant."

Sources briefed on the probe said it took a full hour for Internal Affairs to notify prosecutors of the deadly incident, partly because Officer Kelly was obstinate and uncooperative, telling investigators that if they wanted his blood they were "going to have to tie me down."

Later, after arriving at Kings County Hospital just before 6 a.m. Kelly refused to consent to give blood, even though a warrant had been approved.

Then there was another two-hour delay because a doctor mistakenly believed consent was required.

Doctors finally drew the officer's blood at 8 a.m.

Read more: nydailynews.com/news/ny_crime/2009...

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