• Thomas McGrath accused of driving while impaired by multiple drugs, killing Colonie High School Senior in head-on Route 85 crash
• He was charged for incident two days earlier in Colonie for reckless driving
UPDATE ON THIS STORY: Colonie police had two interactions with Thomas McGrath 40 hours before the crash. One of them was less than an hour before.
ALBANY – An Albany County Grand Jury handed up a seven count indictment on Thursday, May 30 that accuses a 72-year-old Slingerlands man for a 2023 drug-related crash on Route 85 that took the life of a 17-year-old Colonie High School Senior.
The seven count indictment includes four felony charges and three misdemeanors against Thomas McGrath, who pleaded not guilty to all seven charges at his May 30 arraignment. Two of those felony charges – assault in the second degree and driving while ability impaired by the combined influence of drugs – were added or upgraded since McGrath’s arrest on July 25.
According to the indictment, McGrath caused the death of Michael Kleinke on May 11, 2023 and is charged with manslaughter in the second degree, assault in the second degree, aggravated vehicular homicide, and driving while ability impaired by the combined influence of drugs, all felonies, . and reckless driving, a misdemeanor. He was also charged with two additional misdemeanors of reckless driving and reckless endangerment in the second degree under the New York State Vehicle and Traffic law, from a separate incident that occurred in Colonie on May 9, 2023.
Albany County District Attorney’s Office Communications Director Darrell Camp said it took a year from the 2023 incident to issue the indictment “because of the complex nature of the construction of the case.” Camp, who was not at liberty to provide details, described the case’s evidence as “complex.”
At the May 30 arraignment before Albany County Judge Andra Ackerman, Albany County Assistant District Attorney and Vehicular Crimes Unit Bureau Chief Mary Tanner-Richter, asked the Court to reconsider McGrath’s release status to add electronic monitoring as an additional condition to his current terms. Since he was arrested last July, McGrath has remained out on $50,000 bail and released under supervision of Albany County probation. His driver’s license remains suspended.
Tanner-Richter asked the court to amend McGrath’s release terms by requiring electronic monitoring and prohibiting him from driving or consuming any illegal substances or alcohol. She said her request was prompted by information her office received that McGrath had been going to Beverage Baron, a wine, beer and spirits store, in Latham. She said that one allegation in the case against McGrath is that while operating the motor vehicle, he was impaired by the combined influence of drugs, including the animal tranquilizer Xylazine and other non-FDA approved drugs, that led to the crash and Kleinke’s death. She said he is not drug tested for this drug by probation when they conduct their regular drug testing as part of his release. As a result of these factors taken together, she said the additional terms were being sought.
Judge Ackerman asked whether non-alcoholic beverages could be bought at Beverage Baron. Tanner-Richter replied that she believed non-alcoholic beverages were sold there, but she was concerned that McGrath was allegedly going to the store.
McGrath’s attorney Stephen Coffey, of O’Connell & Aronowitz, opposed adding electronic monitoring to the release order. He said the information about Beverage Baron was “undated, unknown and rumor.” He said McGrath said he had “absolutely not gone to the beverage center since he was arrested.” Coffey pointed out to the Court that McGrath has not failed any test, always reported, and cannot drive because he surrendered his driver’s license one year ago. Asking the Court to deny the District Attorney Office’s request for electronic monitoring, Coffey said the modification cannot be based on a ‘rumor of someone who doesn’t put a name on it.”
Calling the case “onerous”, Tanner-Richter responded that electronic monitoring would better ensure that McGrath does not drive under the influence. While Justice Ackerman rejected the request for electronic monitoring, she added several terms to McGrath’s release terms, including prohibiting him from going to Beverage Baron, operating a motor vehicle, or consuming alcohol or other illegal substances, other than prescription medications. She also renewed all the prior terms of his release, including reporting to a probation office and drug testing. Justice Ackerman warned McGrath that if he violated any terms of his probation, he could be remanded without bail. McGrath said he understood.
Coffey said these are “simple conditions” and he had no concern with the additional terms, as imposed. He said McGrath’s license was suspended, so he was not driving from his home in Slingerlands to the store in Latham.
Camp said Tanner-Richter was seeking electronic monitoring because McGrath had demonstrated “a pattern of behavior” She is trying to intercept that pattern of behavior and avoid a potential weakness for public safety” Camp said.
McGrath was pulled over by Colonie police two days before the crash and charged, in the indictment, with reckless endangerment and reckless driving, both misdemeanors.
According to the indictment, McGrath’s 2006 Merceedes was driving near the intersection of Albany Shaker Road and Northern Boulevard at approximately 10:45 p.m.
During her court argument, Tanner-Richter referred to McGrath’s “history” of prior DWIs. The most recent conviction stemmed from an arrest on July 1, 2015 by State Police on Route 81 in Greenville . He was charged with DWI. The case was adjudicated in Greenville Town Court and was pled down to DWAI.
Georgia Fishburn, a Slingerlands resident who was present in the courtroom and worked with Kleinke when he was in kindergarten, was disappointed that electronic monitoring was not included in the additional terms of release. “The request for electronic monitoring was valid to make sure he doesn’t get behind the wheel of a car,” Fishburn said. She pointed out that just because a person does not have a valid driver’s license does not necessarily mean the individual is not driving.
The 2023 fatal accident took place just south of the thruway overpass in the Town of Bethlehem. According to crash reports, a Mercedes driven by McGrath and a Ford Mustang driven by Kleinke collided nearly head on.
First responders on the scene from both the City of Albany and Bethlehem conducted patient assessment on both vehicles’ occupants, performed vehicle stabilization and had to extricate both drivers. Kleinke had been heavily entrapped in his Mustang and it took approximately an hour to remove him from the wreckage. Kleinke was then taken to Albany Medical Center where he died from his injuries.
McGrath was also hospitalized and treated for his injuries.
Kleinke was only a few weeks away from graduating from Colonie High School and, according to family members, was returning from a doctor’s appointment in Slingerlands when the accident occurred.
McGrath will be back in court on July 2 for a judicial conference. The Judge also set July 15 as the motion deadline with responses due July 29. When asked whether the case would result in a plea deal or trial, Camp said, “we’ll have a better idea of whether it is going to trial or plead after the July 2 conference.”
John McIntyre contributed to this story
