Foskey-Gause sentenced for 2020 traffic deaths
ALBANY – 23-year-old Shajaine Foskey-Gause of Cohoes was sentenced to two and one third to seven years in State Prison before Judge Thomas Marcelle in Albany County Court on Wednesday, March 6.
On December 29, Foskey-Gause pleaded guilty to one count of manslaughter in the second degree, in satisfaction of the full indictment, which included a second count of manslaughter in the second degree, and four counts of assault in the second degree. The indictment alleged that on or about July 17, 2020, Foskey-Gause, while acting in concert with Kevin Clare, 31, of Schenectady, recklessly caused the death of Najee Parks and Naquain Key on Central Avenue in the Town of Colonie. On Wednesday, April 12 Colonie police arrested Foskey-Gause and Clare after the indictments were unsealed.
According to reports, shortly after Midnight on the night of the crash, a 2014 Volkswagen being driven by Foskey-Gause collided with a 2010 Nissan driven by Key, 31, on Central Avenue and Lombard Street. Key and his passenger, Parks, died in the wreck. Foskey-Gause and two other passengers in her car were severely injured. Allegedly, Clare was driving another vehicle alongside Foskey-Gause and nearly hit the two colliding cars.
“They were traveling at a high rate of speed when the accident occurred,” Lt Robert Donnelly said. “It was well above the posted 40 MPH speed limit.” Specifically, the defendant is accused of racing another vehicle on Central Avenue and, driving recklessly at speeds exceeding 100 miles per hour in a 40 mile per hour zone. This was confirmed by the plea agreement. According to Donnelly, Clare slowed down, but then left the scene.
Both were charged with two counts each of manslaughter and four counts each of assault – with a weapon (the weapon was the car), all felonies. Clare was charged with an additional felony count of leaving the scene of an accident. “Shajaine Foskey-Gause is not a child, and for anyone to say ‘Oh, it was just an accident’, what would you do if it were your child or loved one,” Wanda Key, Naquain Key’s mother said. “This girl didn’t, and I still believe doesn’t have, any remorse for her actions.”
“There are 9 sentences in her ‘apology’ letter, and in those 9 sentences, there were 19 times the defendant used the words ‘I’, ‘me’, or ‘my’. She has made this entire incident about her,” Assistant District Attorney Mary Tanner-Richter said. “At one point she says ‘the part that she played in this’ and that she was ‘fresh out of high school’… She was a 20-year-old adult who made the decision that night to drive over 100 miles per hour in the rain.”
“You made a very, very stupid decision on that July night, with absolutely horrifying results. You cut down two fantastic young men,” Judge Marcelle said.
Criminal contempt, bail jumping, warrant
COLONIE – A homeless man was arrested by Colonie police on Sunday, Feb. 18 for violating an order of protection, he was also charged with bail jumping. Although Ahmad Babury, 32, did not have a license, officers detained him near the intersection of Central Avenue and Lombard Street.
Babury was involved in three separate incidents on September 18, September 25 and February 10. He was charged with two counts of criminal contempt – first degree and criminal mischief, all felonies, and bail jumping, stalking and aggravated unlicensed operation, all misdemeanors. Babury was also processed on a warrant that he failed to show up for court in September. He was processed and sent to the Albany County jail as a pre-arraignment detainee.
Outside warrant
COLONIE – Colonie police performed a traffic stop on Central Avenue on Sunday, Feb. 18 and found Davanand Singh, 24, of Schenectady, was wanted by Scotia police. Officers from that agency arrived at the scene to take him into custody.
Making a terroristic threat
COLONIE – A 48-year-old Colonie man was arrested by Colonie police on Monday, Feb. 19 at approximately 10:25 p.m. after a domestic incident at his residence. Michael Ketterer was charged with making a terroristic threat, a felony, and criminal possession of a weapon with intent to use, a misdemeanor. He was sent to the Albany County jail as a pre-arraignment detainee.
Outside warrant
COLONIE – Colonie police responded to the Red Roof Inn on Wolf road and took Akieba Lofton, 31, who lived at the hotel, into custody for an outstanding warrant from East Greenbush on Wednesday, Feb. 21. She was transported to meet officers from that department.
Warrant
COLONIE – Stephen Budesa, 64, of Albany was turned over to Colonie police on Wednesday, Feb. 21 at 12:30 p.m. by another police agency. He failed to appear for court in August 2022. Budesa was issued an appearance ticket for February 28.
Unconscious, DWAI, No license, drugs to sell
LOUDONVILLE – Colonie police responded to the intersection of Osborne Road and Route 9 on Wednesday, Feb. 21 at 9:41 a.m. and found a man unconscious at the wheel. According to reports, Colin Fausel, 46, of Albany, was taken to Albany Medical Center Hospital for treatment, but he had a quantity of drugs in the car and did not have a license. Fausel was then transported to the police station where he was charged with criminal possession of drugs with intent to sell and aggravated unlicensed operation, both felonies, and four counts of criminal possession of a controlled substance and DWAI-Drugs, all misdemeanors, and ticketed for parking on a highway.
He was arraigned by Colonie Judge Andrew Sommers.
Two for outstanding warrants
COLONIE – Liberty Mauch, 44, of Albany and Patrick Hill, 44, of Cohoes, were transported to Colonie police from the Albany County jail on Wednesday, Feb. 21 for outstanding warrants for not showing up for court. They both were arraigned by Colonie Judge Andrew Sommers.
Falsifying business records
LATHAM – A 38-year-old Petersburgh woman was arrested on Friday, Feb. 23 by Colonie police after an investigation into a theft eight days earlier at a local business. Laura Baldwin was charged with falsifying business records, a felony, and petit larceny, a misdemeanor for an incident that took place on February 15. She was released with an appearance ticket for Colonie Town Court on March 6.
Larceny, stolen check, warrant
COLONIE – Colonie police responded to the Target on Central Avenue for a report of a larceny on Thursday, Feb. 22. Upon arrival, officers took custody of Jenna Houghtailing, 35, of Schenectady because loss-prevention employees observed her allegedly stealing $354 worth of merchandise.
According to reports, Houghtailing was also in possession of a forged stolen check and did not initially give police her real name. She also had an outstanding warrant from the town for a January 2023 incident for not showing up for court.
She was charged with possession of forged instrument and identity theft, both felonies, and criminal possession of stolen property, petit larceny and criminal impersonation, all misdemeanors. Houghtailing was arraigned on the charges and warrant by Colonie Judge Andrew Sommers.
Outside warrant
COLONIE – On Wednesday, Feb. 21, Colonie police arrested Robert Allen, 56, of Colonie at his residence for an outstanding warrant from the Town of Niskayuna. He was transported to meet officers from that department.
Warrant
COLONIE – State Police transported David Maloney, 39, of Troy, to Colonie police on Thursday, Feb. 22 for an outstanding warrant for not showing up for court in December. Maloney was processed and a arraigned.
Falsifying business records
COLONIE – A Waterford man turned himself in to Colonie police on Monday, Feb. 26 to face charges relating to a 2010 incident at Bed, Bath and Beyond on Wolf Road. Donald Leno, 30, was charged with falsifying business records, a felony, and conspiracy and petit larceny, both misdemeanors. He was released with an appearance ticket for Colonie Town Court on March 6.
Criminal contempt
COLONIE – A Brunswick man turned himself in to Colonie police on Monday, Feb. 26 to face charges from an incident that took place the day before. Kyle Vlahovich, 35, was charged with criminal contempt first degree, a felony, and aggravated harassment, a misdemeanor. He was arraigned by Colonie Judge David Green.
Criminal mischief
COLONIE – An Albany man turned himself in to Colonie police on Monday, Feb. 26 and was charged with criminal contempt third degree, a felony. Joseph Hawkins, 56, was processed and arraigned.
Warrant
COLONIE – Albany County Sheriff’s Deputies brought Jacob Wilusz, 26, of Hadley, to Colonie police on Monday, Feb. 26 on a warrant for not showing up for court in August. He was arraigned.
Assault with a weapon
COLONIE – On Tuesday, Feb. 27 at 10:29 p.m., Colonie police arrested a 24-year-old Albany man for an incident on Central Avenue. According to reports, officers took Ijalief Johnson into custody and charged him with assault with intent to cause physical injury with a weapon, a felony, and criminal possession of weapon, a misdemeanor. He was sent to the Albany County jail as a pre-arraignment detainee.
Two larcenies
SCHENECTADY – Rotterdam police detained and transported Myaira Myrick, 20, of Albany to Colonie police on Thursday, Feb. 29 on two arrest warrants for two separate incidents in Colonie.
Myrick was charged with grand larceny, a felony, for an incident at Walmart in Latham and petit larceny, a misdemeanor, for one at the Motel 6 on Curry Road. Both alleged crimes took place on January 14. Myrick was released on an appearance ticket for Colonie Town Court on March 13.
Warrant, bail jumping and stolen U-haul
COLONIE – A 31-year-old Guilderland woman turned herself in to Colonie police on Thursday, Feb. 29 on a warrant because she didn’t show up for court in March 2023 and allegedly stole a U-Haul truck in July.
Samatha Martins was charged with bail jumping, a misdemeanor, with the warrant. She was charged with identity theft and grand larceny, both felonies, and criminal possession of stolen property, a misdemeanor, in the U-Haul case. The U-Haul was taken from the Central Avenue business on July 5. She was arraigned by Colonie Town Judge Norman Massry.
Grand larceny
COLONIE – East Greenbush police turned Jesse Kacensky, 42, of Troy over to Colonie police on Thursday, Feb. 29 for an outstanding arrest warrant. He was charged with grand larceny, a felony, for an incident that took place on February 19 at the Hannaford store in Latham. He was transported to the Albany County jail as a pre-arraignment detainee and was scheduled back in Court on March 1.
