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One interaction led to charges by indictment for Thomas McGrath
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Michael Kleinke’s family files notice of claim against the Town
By JOHN McINTYRE and MEREDITH SAVITT
COLONIE – Less than 40 hours prior to a 17-year-old Colonie boy being killed in a fatal head on car crash on Route 85, Colonie police had two interactions with the Slingerlands man indicted last month for allegedly causing Michael Kleinke Jr’s death. One of the incidents led to two misdemeanor charges in the indictment.
Records obtained through a freedom of information law request showed that Thomas McGrath, 72, was the subject of a 911 call in the Town of Colonie on May 9, 2023 that required Colonie EMS and another crash that cleared 38 minutes prior to the fatal collision.
In the seven count indictment that included five charges relating to the fatal crash, he was also charged with two counts relating to the May 9 incident in Colonie.. Those counts included charges of reckless endangerment – second degree and reckless driving, both misdemeanors.
On the May 9 call, a woman telephoned Colonie 911 at 10:51 p.m. and reported that a black Mercedes was traveling North on Albany Shaker road towards Wolf Road driving erratically. The caller followed the vehicle as it turned onto Osborne road and into the parking lot of the Beverage Baron.
As reported in the Colonie call log, the caller said, “It’s in the Price Chopper lot – was all over the road swerving – almost hit a few pedestrians.”
The caller also reported her “husband is talking to the subject and states ‘He is really messed up’.”
Officers reached the scene and found McGrath in the driver’s seat of the parked Mercedes. According to the incident report, “Thomas was disoriented and confused as to how he can be in Kimberly Square, however, he did not have any indicators of alcohol or drugs.”
The officer contacted Colonie EMS and said that the issue appeared to be “diabetic related.”
McGrath was then turned over to Colonie EMS. Because of HIPPA regulations, EMS patient reports are not subject to FOIL laws so the outcome of the call was not disclosed.
According to the report, the incident was closed because the caller stated that “Thomas was not involved in a crash to her knowledge and upon responding officers’ inspection there was no obvious damage” to his vehicle.
By contrast, the May 2024 indictment reads that on May 9 “commencing at approximately 10:45 p.m., while traveling on various streets in the City of Albany and Town of Colonie…including Albany Shaker Road and Northern Boulevard…did, recklessly engage in conduct which created a substantial risk of serious physical injury to another person.” The indictment further states that McGrath was operating his black 2005 Mercedes sedan “while under the influence of a drug.”
Colonie, Albany County Sheriff’s Office and City of Albany police all confirmed that McGrath was not arrested on May 9. McGrath’s attorney Stephen Coffey, of O’Connell & Aronowitz, also said that he was not arrested that night.
According to State law, a person may either be arrested and charged with a crime or, as occurred in this case, may be charged after evidence is presented to a Grand Jury.
Spotlight News contacted the Albany County District Attorney’s office to confirm it was the incidents were the same, but have not heard back as of press time.
Again on the morning of the crash
On May 11, 2023, the morning of the fatal crash, Colonie police were again in contact with McGrath. At approximately 12:53 p.m.,Colonie police received a 911 call for a property damage crash that just occurred at the intersection of Menands and Loudon (Route 9) Roads in Loudonville. That intersection is approximately 1.1 miles from the May 9 incident’s site, which is near the Beverage Baron.
According to the Civilian Accident Information Exchange Form acquired through FOIL, McGrath’s vehicle rear ended a vehicle stopped at the intersection. Two women were in the other car.
McGrath said in the report that he didn’t hit the brakes hard enough causing him to strike the rear of another vehicle occupied by two women. The report said “No injuries reported.”
The officer cleared the call at 1:30 p.m. and McGrath collided with Kleinke’s vehicle at 2:08 p.m.
Notice of claim served
Spotlight confirmed the Kleinke family served the Town of Colonie with a Notice of Claim and Bill of Particulars and we have requested the information through a FOIL request. We will report more when that is fulfilled.
Why the Beverage Baron
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.
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.
Albany County District Attorney’s Office Communications Director Darrell 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.
