Alleged driver held in Schenectady hit and run

PHOTOGRAPHER: Steven Cook

The man accused of hitting a college student with a car, killing her, then fleeing was ordered held without bail Thursday morning.

Anthony J. Gallo, 34, appeared in Schenectady County Court, asking Judge Richard Giardino to set bail in his case. Giardino, though, ultimately ordered Gallo held without bail, appearing to accept prosecution arguments that Gallo was a flight risk.

Prosecutor Ed Moynihan cited Gallo’s ties to Florida, where he served about two years in prison on a robbery conviction. He was released in 2009.

Moynihan also noted the nature of the charge currently against Gallo, that of fleeing the scene of a car accident where there was a fatality. He said that Gallo has defied orders not to drive and has done so repeatedly.

Gallo hasn’t had a valid driver’s license in New York since at least 1997, according to state records.

The fatality occurred the evening of Nov. 16. Gallo was arrested the next day after a tip led police to his residence.

He has been held since his arrest on a felony count of leaving the scene of a fatal accident. Gallo also faces a count of aggravated unlicensed operation.

Gallo allegedly ran a red light at Erie Boulevard and State Street, hitting Cassandra A. Boone, a 19-year-old Schenectady County Community College student, as she crossed Erie east on State. Boone, of 1525 Avenue B, died after emergency surgery at Albany Medical Center.

Gallo’s attorney, Paul Callahan, asked Giardino to set bail at $10,000, citing Gallo’s family ties to the area and that Gallo has always appeared in court when so ordered.

The only exception was missing a New York court date when he was incarcerated in Florida. The Florida case, Callahan said, stemmed from Gallo taking a woman’s pocketbook.

Callahan asked Giardino to make a ruling Thursday morning after the judge gave Callahan the option of holding off until an indictment is reported. In doing so, the judge appeared to hint that he would order Gallo held.

Callahan, though, asked the judge to rule, saying, “I can’t put his criminal history in the washing machine and make it come out any better.”

Giardino’s ruling may affect later bail applications, as judges look for a change in circumstances before considering changes in bail status.

Gallo’s criminal history includes at least one felony conviction and four misdemeanor convictions. Gallo’s complete criminal history is 23 pages long, Moynihan said.

Callahan also noted that the reporting of the indictment might not come for some time. He believed prosecutors were awaiting the results of a test on blood taken from Gallo after his arrest.

The vehicle Gallo was driving that night was registered to an unidentified woman and owned by Gallo’s father, police said.

At the time of the accident, Gallo had 10 suspensions on his driving record, police said. The state Department of Motor Vehicles’ public record for Gallo includes suspensions from Rotterdam, Niskayuna, Albany and the Washington County town of Greenwich for either failing to answer a summons or failing to pay fines.

The state DMV also lists an open driving while impaired case from 2000, a drug case from 2006 and failure to pay child support from 2008 as also prompting suspensions.

Boone was described in her obituary as a woman who “had a very kind heart and within minutes of meeting her, you could tell she was anything but ordinary.”

In addition to devoting her time to classes, Boone volunteered at the Schenectady Day Nursery on Lafayette Street. She also dreamed of owning a day care center.