Defense attorney hints he may file to dismiss indictment
ALBANY – 28-year-old Matthew Monthie returned to Albany County court for a compliance conference on July 29, wearing an electronic monitoring device on his ankle before he’s to face six felony charges stemming from a fatal June accident that killed Selkirk’s Shawna Marzahl.
The Clifton Park man sat with his attorney Stephen Coffey, of O’Connell & Aronowitz, while he waited for his case to be called. The victim’s daughter and husband were also present in the courtroom.
Assistant District Attorney Collin D’Arcy told Albany County Judge William Little he was ready to go to trial. Coffey raised no objections. Judge Little directed the parties to confer before raising any discovery disputes and then set an August 26 deadline for defense motions. No trial date was set, but an attorneys’ conference was scheduled for Monday, Sept. 9.
Coffey said he expects to file discovery motions and may possibly file a motion to dismiss the indictment, but had no other comment. Monthie also said, “no comment.”
Monthie has remained out of jail on $50,000 bail.
In June, Monthie was indicted on six counts, including manslaughter in the second degree, assault in the second degree and vehicular manslaughter, all felonies. He was also charged with three misdemeanors, including DWI, DWAI -combination alcohol and drugs, all relating to a fiery May car crash on Route 85 in Slingerlands near the Albany City line. Marzahl died at the crash scene.
According to the incident report, witnesses observed Monthie traveling in excess of 100 mph. He drifted into oncoming traffic, missing several cars, before hitting Marzahl’s just as Route 85 narrows from four lanes near the Albany City Line. Monthie’s BAC was allegedly in excess of 0.08 percent from a blood test taken the day of the car crash.
