Prometheus 6

Detective’s Alcohol Level Was 2 ½ Times Legal Limit
By MICHAEL S. SCHMIDT and JOHN ELIGON

The New York City police detective who has been charged with killing a woman while driving drunk early Friday morning had a blood alcohol level more than double the legal limit, according to a law enforcement official.

The disclosure about the blood alcohol level of the detective, Kevin C. Spellman, 42, a 22-year veteran of the Police Department, came on the same day that Commissioner Raymond W. Kelly announced that he had appointed a committee to look into expediting the process of getting warrants for blood from individuals who refuse breath tests after they have been arrested on suspicion of drunk driving.

Detective Spellman, who was given a blood test five and a half hours after the crash, had a blood alcohol level of 0.21 percent, according to the law enforcement official who spoke on the condition of anonymity because he did not want to be identified discussing material related to a continuing investigation.

Police officials acknowledged that the detective’s blood-alcohol level was most likely higher at the time of the accident, but because individuals metabolize alcohol at different rates, it is impossible to say precisely how much higher. The legal limit is 0.08 percent.

The accident involving Detective Spellman was the second in five weeks that involved a New York City officer who, the police said, was driving drunk and refused to take a breath test. On Sept. 30, police officials acknowledged it took seven hours to get a warrant after an off-duty officer, Andrew Kelly, is said to have struck and killed a woman in Brooklyn who was trying to hail a cab after a wedding. When blood was drawn from Officer Kelly, tests showed he had no alcohol in his system.

Detective Spellman and Officer Kelly each face a charge of second-degree vehicular manslaughter; the detective is also charged with criminally negligent homicide.