NEW YORK (WPIX)—An off-duty New York City police officer accused of killing a pedestrian is now pointing the finger at the victim, claiming she was the one who was drunk.
Last September, Officer Andrew Kelly reportedly rammed his Jeep into 33-year-old Vionique Valnord as she was leaving a wedding and trying to hail a taxi near East 56th in Flatlands.
Valnord, the daughter of a Brooklyn pastor was killed in the accident. According to a toxicology report released Tuesday, she was also intoxicated.
Kelly's lawyer, Arthur Aidal, claims Valnord was hit as she wandered into traffic. In addition, he said witnesses at the wedding confirmed Valnord was visibly drunk.
"It appears an intoxicated young woman stepped in between cars and into the street and was struck by a vehicle that had the right away...and wasn't driving recklessly," Aidal told PIX News.
Sanford Rubenstein, the victim's family attorney, told PIX News he hasn't seen the controversial toxicology report but released a statement, reading: "She is a victim and the real issue is the blood level of the police officer when the tragedy occurred."
The toxicology report is just the latest piece of evidence released during the pre-trial hearing process -- which also reportedly includes surveillance tape of Kelly drinking.
In addition, Kelly was forced to submit a DNA swab in order to determine if his DNA matches the DNA left on three cups found in or near his car.
Cops at the scene reportedly said Kelly reeked of alcohol, appeared drunk and refused a Breathalyzer.
Kelly has pleaded not guilty to vehicular manslaughter and driving while intoxicated. He faces up to seven years behind bars if convicted.
A police internal affairs investigation into a possible cover-up is pending.