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12/02/2009 05:32 PM

Charges Upgraded Against Off Duty Cop In Fatal Bronx Crash

By: NY1 News

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The off duty police officer accused of running down a Bronx grandmother is now facing stiffer charges.

Kevin Spellman, 42, plead not guilty Wednesday to aggravated vehicular homicide and aggravated driving while intoxicated.

The charges were upgraded from vehicular manslaughter after his blood alcohol level was determined to be more than twice the legal limit.

On October 30th, the 22-year veteran of the force refused a Breathalyzer test at the scene and at the police precinct station house. He was eventually tested five hours after the incident.

His lawyer says his client was not intoxicated.

The early morning crash killed Drana Nikac, 70, who was walking across the intersection of West 232nd Street and Kingsbridge Avenue.

Spellman faces up to 25 years in prison if convicted.