Thomas McGrath and Matthew Monthie file in County Court
DA’s office will oppose the motions
ALBANY — Thomas McGrath, a 72-year-old Slingerlands man indicted in May, and Matthew Monthie, a 28-year-old Clifton Park resident indicted in June, filed separate motions in Albany County Court last month to dismiss the indictments in their respective criminal cases.
Each case involves fatal car crashes along Route 85 near the Albany city line in Slingerlands. McGrath is being tried for the death of 17-year-old Michael Kleinke , who was killed in a crash in May 2023. Monthie faces trial for the death of Selkirk resident Shawna Marzah l, who died at the scene of a crash nearly a year later.
McGrath was indicted on seven counts, including four felonies: manslaughter in the second degree, assault in the second degree, aggravated vehicular homicide, and driving while ability impaired by the combined influence of drugs. He also faces misdemeanor charges of reckless driving and reckless endangerment in the second degree from a separate incident in Colonie two days before the fatal crash on Route 85.
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 driving while intoxicated (DWI) and driving while ability impaired (DWAI) by a combination of alcohol and drugs, all relating to the May crash.
Both defendants are seeking to have their indictments dismissed in full.
McGrath’s Motion
McGrath’s defense argues that the district attorney’s grand jury presentation was improper and prejudicial. They claim the prosecution included references to an unrelated incident on May 9, where McGrath was accused of erratic driving and being pulled over near a liquor store, as well as a minor “fender bender” involving McGrath before the fatal crash. McGrath’s legal team argues these incidents were used to create bias against him, rather than focusing on the specific facts of the May 11 fatal crash.
The motion also seeks to have counts 6 and 7 of the indictment, which relate to the May 9 allegations, tried separately. McGrath contends these incidents have no direct connection to the May 11 crash and that including them in the trial would introduce improper propensity evidence, suggesting a predisposition to commit crimes and leading the jury to make judgments based on his character rather than the relevant facts of the fatal crash.
Additionally, McGrath’s motion challenges the grand jury testimony of a forensic toxicologist who discussed the effects of drugs found in McGrath’s blood, including methadone, fentanyl, xylazine, and bromazolam. The defense argues that the toxicologist’s testimony was “speculative,” particularly regarding how these substances affected McGrath’s impairment at the time of the crash, as the conclusions were made without direct observation of McGrath. The defense contends that this testimony was used to improperly strengthen a weak grand jury presentation, ultimately leading to what they describe as a tainted indictment.
Monthie’s Motion
Monthie’s dismissal motion also seeks to have his indictment dismissed because the evidence before the grand jury was legally insufficient. His motion focuses on suppressing evidence obtained through a search warrant, including the seizure of his backpack and its contents, such as marijuana cigarettes and a bottle of whiskey.
Monthie’s defense also seeks to strike a key piece of evidence in which their client allegedly admits to speeding after drinking “pretty heavy” following a long day of work.
“I was going like 100 mph, rushing to get to work. I just didn’t want to be late.“ Monthie is documented to have said. “Yeah, I drank. If I’m being honest, I drank pretty heavy after work; it was a long day.
“This morning was like the hair of the dog, you know,” he said. “I had some shots.”
They argue that his statement was made to medical staff while he was being treated for his injuries and that he was “incapable” of voluntarily providing information as he was not in a “clear state of mind” immediately following the accident.
In addition, Monthie seeks an order compelling the retrieval and disclosure of the deceased’s cell phone records. He claims these records will contain “material evidence regarding the deceased’s state of mind and actions in the moments leading up to the crash, which are directly relevant to Mr. Monthie’s defense.” Monthie argues that the records will provide insight into the decedent’s potential distractions, communications, or other relevant activities immediately before the collision, which is central to the charges of recklessness against him.
Both defense teams argue that the grand jury evidence was legally insufficient and request the inspection of the grand jury minutes, the release of the grand jury testimony without redaction, and the disclosure of the legal instructions given to the grand jury.
Both defendants also seek to suppress evidence of their chemical analysis and blood test results, arguing that neither knowingly consented to provide a blood sample while being treated for their injuries at Albany Medical Center. They assert that, due to the seriousness of their conditions, they were unable to give proper consent.
The motions were filed by Stephen Coffey of O’Connell and Aronowitz, who represents both defendants.
Darrell Camp, Albany County District Attorney’s office communications director, said his office had no comment on either motion but that it would oppose them both.
The post Defendants in both fatal Route 85 crash cases file to have indictments dismissed first appeared on Spotlight News .
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