RE:Tests reveal 'DWI' cop had blood-alcohol level of zero

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Tests reveal 'DWI' cop had blood-alcohol level of zero

By MURRAY WEISS, LARRY CELONA and DAN MANGAN

Last Updated: 4:20 PM, September 29, 2009

Posted: 3:47 PM, September 29, 2009

A blood-alcohol test taken on a cop more than seven hours after he fatally mowed down a minister's daughter in Brooklyn while allegedly drunk shows absolutely no booze in his system, The Post has learned.

Two sources familiar with the case said today that the blood-alcohol test on NYPD Officer Andrew Kelly -- who was admittedly drinking hours before the crash that killed Vionique Valnord -- came back as 0.0.

The stunning finding does not rule out the possibility that Kelly had alcohol in his system at the time of the early Sunday morning crash, only to have it dissipate in the more than seven hours before he took the BAC test.

But the result could seriously complicate efforts to convict the 30-year-old cop of the charges of manslaughter and driving while intoxicated that he faces.

A spokesman for Brooklyn District Attorney Charles Hynes, whose office is prosecuting Kelly, refused to comment on the negative BAC reading.

But the spokesman said, "We believe we have enough circumstantial and direct evidence to get a conviction in this case. "

Kelly, who is assigned to the 68th Precinct, had been boozing last Saturday night with several buddies -- among them fellow cop Michael Downs, according to sources.

Kelly was behind the wheel of his Jeep, which was carrying Downs and three other friends, when the vehicle fatally struck Valnord, 33, on Avenue N at about 12:40 a.m. Valnord had just left a wedding.

Kelly, who desperately tried to revive Valnord, was described by authorities as having bloodshot eyes and reeking of booze.

He refused a Breathalyzer test at the scene.

Because of that refusal, authorities were forced to obtain a search warrant compelling him to give a blood sample.

That sample was drawn from Kelly by a doctor at about 8 a.m. at Kings County Hospital.

Kelly has been suspended from the NYPD, as has Downs, who was disciplined for leaving the scene of the crash without identifying himself as a cop to responding officers.

The Dark Knight, September 29 2009, 7:40 PM

Topic: Gwo Gwo Lorbeeyyyy!!! Deblozay Nan New York City!!

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