BY STEPHANIE BARISH ad ARTHUR CHI'EN
9:52 PM EDT, March 29, 2010
BROOKLYN, N.Y. (WPIX)
The family of a Brooklyn woman is suing an off-duty New York City police officer who is accused of mowing her down while he was drunk behind the wheel.
The lawsuit was announced Monday at a press conference at the law office's of Rubenstein & Rynecki located at 16 Court St. in Brooklyn.
Last September, Officer Andrew Kelly 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, 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.
The toxicology report was released during the pre-trial hearing process -- which also reportedly included 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.
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