The cop who struck and killed a pastor's daughter after a night of celebrating the Yankees win believes he saved her life before she finally passed away.
Andrew Kelly is charged with drunken driving and vehicular manslaughter, but blood tests -- taken more than seven hours after the accident -- seem bolster his claims that he had no alcohol in his system.
And now his lawyer has gone so far as to cal him a savior.
"When he handed her over to the EMTs, she was breathing," Aidala said. "Those are not the actions of a drunk, those are the actions of someone trying to save a life, not take a life."
Kelly, 30, a seven-year veteran of the force, faces manslaughter and DWI charges in the death of 32-year-old Vionique Valnord, who was killed as she was trying to hail a cab at Old Mill Basin just before 12:45 a.m. Sunday.
Smelling of alcohol, Kelly reportedly was given water and gum, by cops at the 63rd Precinct.
"If you've just given CPR and you're in shock and someone gives you the common, human courtesy of water or gum, that won't change your blood alcohol count," Kelly's lawyer, Aidala, told the Post.
Near seven hours later authorities had to obtain a court order to draw Kelly's blood at Kings County Hospital and the result was negative for alcohol: .00.
Confusion at the hospital and a lag in notifying prosecutors contributed to the delay in administering the test to Kelly, who had been driving while off-duty, sources said.
Kelly and one of this three passengers, Officer Michael Downs, worked at the Yankees-Red Sox game at Yankee Stadium on Saturday in the Bronx before driving back to Brooklyn, where Kelly may have gone to two bars it has been reported.