Former NYPD Officer Andrew Kelly has received 90 days after pleading guilty to getting drunk and then running over Vionique Valnord, 33. Kelly killed Valnord with his Jeep and was found smelling of alcohol with slurred speech.
He was reportedly with another off-duty officer and two other buddies at the time of the accident around 12:41 a.m. in Flatlands on Sept. 28, 2009.
He resigned from the force shortly before his plea.
The victim’s father, Rev. Varios Valnord forgave Kelly and accepted his courtroom apology. The family, however, is moving forward with a civil lawsuit against the city.
Source: NYPost
erykah,
Gets the award here for most cogent comment. Next time anyone watches a Cop show dripping with determined dedicated LEO’s, think of this guy.
AY and Swmom,
I’m going to take AY’s point to heart considering the 7 hour wait and my brother, whom I loved deeply, was a very cagey and manipulating alcoholic and I know the drill so maybe, the dude will take full advantage of the gift he’s been given and end up being of real service to his society … but it’s hard to get the image of that 33 year old woman stepping off the curb and that guy’s jeep being the last thing she saw … forever, out of my head. No chance for her …
I’ll get over it … I always do.
SWM,
You and I agree on that and probably for the obvious reasons that he has a drinking problem or else it would not have taken 7 hours before he blew below the legally recognized limit.
Blouise,
I recall a story that was from Texas it was called Thin Blue Line. ..The cops knew that this guy did not murder. He was arrested, convicted and in prison. It finally got out that he was not the one that did it. Everyone knew he did not do it. The sad part about it, nothing happened to these cops, Prosecutor and Judge who in my mind are the real criminals. There are exceptions to this blue line but it is rare.
Blouise Often alcoholics are cagey and capable of conning people, but this guy is young enough that he could possibly be rehabbed if he chose to work at it.
AY,
I’m into forgiveness and rehabilitation and second chances … but this guy was too adroit at how to get away with murder … too sleek … too cagey.
The death I can see as a huge and tragic mistake brought about by too much alcohol and no self discipline … but after the death occurred, the way he got away with it, is what marks the man in my book and there ain’t no rehabilitating that kind of man.
I sure don’t want to hear any officer in the NYPD ever complain about crooks getting away, or defense lawyers getting people off, or judges coddling criminals ….
Blouise,
If the man served his sentence and completed all terms and conditions (provided its not a sexual assault) and they never get in trouble again, I am all for keeping this kind of state secret. A Felony will prevent most employers from hiring or even considering a otherwise great candidate from employment. Some misdemeanors will keep a person from gaining certain types of employment. I am of the mind set that the general public should not be able to get this information unless it for a National or State Security purpose.
I remember reading about an inmate in AZ that received his Juris Doctor and was in prison for Murder. He had a problem with the character and fitness committee, understandably so.
It is also my understanding that a conviction for possession of drugs will get you a denial for federally insured student loans, where is George when you need him…..oh yeah he signed the stupid assed law.
I know of an attorney that finished law school took the bar exam and before the results were released he had some idle time on his hands and sold 6 kilo’s of cocaine to a UI. If successful, it would have paid off all of his law school debt. Well he did pass the bar. However, character and fitness deemed him unqualified to practice law. It took him a few more years but he was able to get his ticket. My only question was, did the people on the C&F ever use coke? Hmm….we do have some standards, don’t get caught.
AY,
Thank you … if the state he lives in has such a statute and if he keeps his nose clean, in a few years it’s as if, officially, it never happened. Justice isn’t really what the law is all about, is it?
Blouise,
Lets start out with the premise that Insurance Company’s run most governments. Period end of story. If it is a Driving while intoxicated or some other related Drunk Driving offense then the odds are that it will never be able to be expunged or have the record sealed. These stay on forever so the Insurance Company can make record profits and invest badly and ask the government for a lending hand.
If per chance it was not a Drunk Driving offense most states have a record sealing statute. Some statues have some crimes which are specifically excluded from be sealed and for good reason, such as rape, pedi’s and related offense, drug possession, murder which could get you life and class A Felony’s.
In the three states that I am familiar with, this one can be expunged after a certain period of time, after released from parole or probation. Two of the states require that the person have no other conviction, whether a felony or misdemeanor. One state even has a Youthful Offender Statute that allows the record to be sealed even if it could not be sealed for other folks, so long as it was a crime committed between the ages of 17 to 21…..
The country is effed up!
Isn’t this what used to be known as “Vehicular Homicide While Intoxicated”? Ninety days? No time off for good behavior? We can only hope the jaihouse coffee is bad and the doughnuts are as rancid as the “justice” is.
AY,
You reminded me of conversations I’ve overheard my prosecutor friends having with other lawyers … it is frustrating. The cop and his buds certainly knew how to take advantage of the situation … just like the criminals they were trained to catch.
Is this a conviction that can be “set aside” after a certain length of time passes? (I’m not certain that I worded that right … I think expunged is the word I want.)
Police: n. armed force for protection and participation.
“Welcome to the Police Department. Here’s your gun and your badge and your coupon for committing a free felony, redeemable at the expense of any citizen you choose to rob, main, or kill.”
Blouise,
The Judge is probably a former Prosecutor or City Attorney. With that said, the officers did cover up the tracks of the other. But the Judge is stuck with the facts before him, that sadly said, the Republicans were all for the truth in sentencing, so many do not have discretion in how long or how short the term of confinement will be. If its below the States attorney will appeal and if too long the Defense Attorney will appeal. The guy may never go to jail as sometimes Rehab clinics are treated the equivalent as incarceration and they sometimes are longer stints than jails. What he does have looking at him is the tail or the maximum term he could be sentenced to prison for, “if he screws up” his probation. In most states they tail has to be finished before any new violations are sentenced for.
The Department of Just Us at work again …
a
90 days for running down a civilian and killing her … 90 days? What about the dudes who aided and abetted this guy during the 7 hours before a blood-alcohol test was done?
From the New York Daily News:
More justice facilitated by the blue mafia.
I am saddened by this loss. I am also saddened by the fact that it happened to a woman after she was leaving a wedding and stepped off of the curb. I understand from the article that the officers were Off Duty and were drunk and this “Citizen” was off duty. What I do not understand is how the hell the city is liable for this incident?
Further more from the article “The victim’s father, Rev. Varios Valnord forgave Kelly and accepted his courtroom apology.”
mespo, since I gathered you do defense at times, what is your take on the the familys’ civil lawsuit against the city, shouldn’t it be against the individual and bar? Or is NY’s Dram shop so limited?