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Photo of scene/Andrew Mosko

Posted: Friday, 30 October 2009 6:27PM

Off-Duty Cop Charged with DWI in Crash that Killed Bronx Woman



NEW YORK (1010 WINS)  -- An off-duty New York City police detective was charged Friday with vehicular manslaughter and driving while intoxicated after he struck and killed a pedestrian on a Bronx street, police said.


Al Jones reports

Kevin Spellman, 42, was also charged with criminally negligent homicide in the death of 67-year-old Drana Nikac. He was expected to be arraigned on the charges in Bronx Criminal Court on Friday evening or Saturday.

Spellman was driving around 6:30 a.m. Friday when he struck and killed Nikac, who was walking on the street, police said. She was taken to a local hospital where she was pronounced dead.

It's not clear where Spellman was going at the time of the accident. He had gotten off work at midnight and was due back around 2 p.m. Friday.

Spellman, who was alone in his 2009 Chevy, refused to take a breath test at the scene, which is his legal right, but officers smelled alcohol on him. Spellman was taken into custody and blood was drawn to perform a blood alcohol test. The test results weren't immediately available.

Spellman has been with the NYPD 22 years. He was promoted to detective in 1999 and again in 2007, and was on the Bronx fugitive task force working with federal officials. He has been suspended.

A call to his attorney was not immediately returned. Michael Palladino, president of the Detective's Endowment Association, said Spellman was well-respected by his fellow detectives and supervisors, and was a hardworking officer.

``This is as tragic for him as it is for the family of the deceased,'' Palladino said.

The accident comes about a month after another off-duty officer was accused of driving drunk when he ran down a pastor's daughter on a rainy night in Brooklyn. Andrew Kelly was charged with operating a motor vehicle while under the influence of alcohol and speeding.

Vionique Valnord was killed as she tried to hail a cab after a wedding reception Sept. 26.

Kelly's attorney Arthur Aidala said his client he took a blood alcohol test that showed he had no alcohol in his system. The test was administered seven hours after the incident. Officers who responded to the scene noticed alcohol on his breath, but Kelly refused to take a breath test.

Kelly has been suspended from the NYPD, and two other officers were also suspended in the incident.

Inset photo: Spellman being placed in police cruiser/Andrew Mosko


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