Jurors yesterday convicted a former NYPD detective of manslaughter for mowing down a Bronx grandmother three years ago, but let him slide on a more serious charge because they thought evidence that he was driving drunk had been tainted.
Kevin Spellman, 45, faces five to 15 years in prison on the charge of second-degree manslaughter, but he would have faced 25 years had he been convicted on the top charge of vehicular homicide.
Prosecutors said Spellman, an off-duty officer at the time, was boozed up and driving erratically when he plowed into a pedestrian, Drane Nikac, 70, on Oct. 30, 2009, with a city-owned Chevrolet Impala.
Spellman was charged with vehicular manslaughter after his blood-alcohol level was determined to be .21 — more than twice the legal limit of .08.
But jurors said they were swayed by defense arguments that blood tested after the accident was contaminated.
Spellman, a 22-year veteran of the NYPD, refused a Breathalyzer test at the scene, but his blood-alcohol content was recorded five hours later.
After the verdict was read at his Bronx trial, Spellman’s wife broke down in tears, as did the victim’s family. Judge Steven Barrett allowed Spellman to remain free on $100,000 bond.