Another Off-Duty NYPD Officer Strikes Pedestrian, Refuses Breathalyzer
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October 30, 2009
For the second time in just over a month, an off-duty New York Police Department Officer has struck and killed a pedestrian and then refused a Breathalyzer test.
NYPD Detective, Kevin C. Spellman, 42, drove his 2009 Chevrolet Impala southbound on Kingsbridge Avenue, striking an unidentified female pedestrian at West 232nd Street in the Bronx about 6:30 a.m., police said. Paramedics transported the victim to Saint Barnabas Medical Center, where she was pronounced dead on arrival.
Sources say Spellman smelled of alcohol, but he refused a breathalyzer test. He was taken into custody at the scene, pending charges. Authorities took blood sample later to conduct a blood alcohol test, but they did not release the results at this time.
Police did not release the identity of the female pedestrian, but neighbors say she is an elderly Vietnamese woman.
Spellman has been with the New York City Police Department since 1988.
New York Police Department Officer Andrew Kelly was indicted on charges of vehicular manslaughter, drunken driving and speeding for the accident in which he ran down a minister's daughter, Vionique Valnord, 32, on a rainy night in Brooklyn on September 27.
New York City has a higher rate of pedestrian/motor vehicle accidents that the rest of the state combined. According to the New York State Department of Motor Vehicles 2007 Summary of Pedestrian/Motor Vehicle Accidents, of 15,127 police reported accidents involving a pedestrian in the state of New York, 10,586 or 70% were investigated by the New York City Police Department. Of those investigated by the NYPD, people in 10,445 accidents suffered injuries and 136 were fatal.
If you, a family member or someone you know, have been the victim of a pedestrian vs. motor vehicle accident, contact us today to discuss your case and find out the best course of action to take to ensure that you get the compensation you deserve. The attorneys at Napoli Bern Ripka LLP are experienced in handling motor vehicle accident cases and can help you negotiate with the insurance carrier or help you to arrange specialized medical care. We can also help you prepare for the possibility of taking your case to court. Call 1-888-529-4669 or visit www.napolibern.com.