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Family says justice still not done
ALBANY — Thomas McGrath, the Slingerlands motorist accused of killing a 17-year-old Colonie High School student in a two-car crash in May 2023, admitted in Albany County Court that he was driving while impaired by drugs and alcohol before pleading guilty to second-degree manslaughter, a felony, and driving while ability impaired by a combination of drugs, a misdemeanor, on Wednesday, April 2.
The agreement, presented before Judge Andra Ackerman, calls for the now 73-year-old McGrath to serve an indeterminate sentence of four to 12 years in state prison for the manslaughter charge and one year on the impaired driving charge, to run concurrently. McGrath also waived his right to appeal.
By accepting a plea deal, McGrath will avoid standing trial, which was scheduled to begin in less than two weeks.
The charges stem from a crash on May 11, 2023 on Route 85 in Bethlehem, near the Albany city line, that resulted in the death of 17-year-old high school student Michael Kleinke. Kleinke died two days later at the hospital.
McGrath sat hunched over with his hands folded during the plea hearing, speaking only to robotically answer Judge Ackerman’s questions about his understanding of the deal and to confirm that it was in his best interest.
He admitted for the first time to driving on Route 85 on the day of the crash while impaired by a combination of drugs and that, while impaired, he recklessly caused Kleinke’s death.
Assistant District Attorney Collin D’Arcy said he had discussed the plea agreement with Kleinke’s family and that, while no prison sentence would bring Michael back, the family supported “the finality.”
Judge Ackerman accepted the plea and ordered McGrath to return to court for sentencing on June 16. She warned that if McGrath violated the terms of his release before sentencing, she would not be bound by the agreement and could impose a sentence of up to 15 years.
Since his July 2023 arrest, McGrath has been free on $50,000 bail and under the supervision of Albany County Probation. His driver’s license remains suspended. Judge Ackerman allowed him to remain out on bail until sentencing, on the condition that he not be arrested, commit no crimes, appear at sentencing, and cooperate with probation.
McGrath was indicted on seven counts, including four felonies: second-degree manslaughter, second-degree assault, aggravated vehicular homicide, and driving while ability impaired by the combined influence of drugs. He also faced misdemeanor charges of reckless driving and second-degree reckless endangerment from a separate incident in Colonie two days before the fatal crash.
The grand jury that issued the indictment heard from a forensic toxicologist who testified about the effects of drugs found in McGrath’s blood, including methadone, fentanyl, xylazine and bromazepam. McGrath’s attorney, Stephen Coffey of O’Connell & Aronowitz, argued that the toxicologist’s testimony was “speculative,” particularly regarding impairment, as it lacked direct observation of McGrath at the time of the crash.
Coffey, who previously called the case “defensible,” said McGrath chose to accept the plea under the circumstances. “It’s an awful case, what can you say,” Coffey said. “Here, everyone felt it was in the best interests. There are no winners in this case.”
Members of Kleinke’s family said they felt McGrath had gotten off easy. “I don’t see justice here at all,” said Kleinke’s grandmother, Bonnie Kleinke. “It’s not right that he gets four to 12 years, and I lost my grandson for life.”
Kleinke’s grandfather, Tom Fine, walked away in tears after the hearing, clutching a medallion with Michael’s picture on it. “He gets four years, and you know what I get? I get this,” he said.
“He has shown zero remorse,” said family member Colleen Grignoni.
Michael Kleinke’s girlfriend, Lilly Morrison, 20, said she believes McGrath received leniency because of his age. “Because of his age, he thinks he can get away with it,” she said. “People look at him as a weak old man who made a mistake, but he is a grown man who decided to drink and get behind the wheel and is old enough to know better.”
Family members also objected to McGrath being allowed to remain out on bail until sentencing. One asked why he got eight more weeks before prison. “Michael didn’t get eight more weeks,” she said.
“He never even apologized to the family,” Bonnie Kleinke added. “I have to drive on Route 85 every day. It’s way too much for me to understand.”
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