The man jailed in connection with the November hit-and-run car accident that left a college student dead lost his bid Monday to be freed on bail.
The attorney for Anthony Gallo asked acting Schenectady County Court Judge Richard Giardino to lower bail for his client, saying that prosecutors have a weak case.
Prosecutor Brian Gray, however, argued that the only thing that has changed since Gallo’s original bail request in December is that he now has a more-serious indictment against him, one that could send him to prison for up to 25 years if convicted.
Gallo, 34, is accused of fatally striking 19-year-old Cassandra Boone with a car Nov. 16 at Erie Boulevard and State Street as she attempted to cross Erie Boulevard. Police say he fled and wasn’t arrested until the next day.
Gallo’s attorney, Paul Callahan, also cited witness accounts that he said suggest Boone had already started to cross Erie before she got the walk signal. But he noted that when Boone was struck, the light had turned and she did have the walk sign.
Callahan also continued to question the prosecution’s evidence that Gallo was under the influence of drugs at the time of the crash. Police didn’t catch up with him until the next morning.
Giardino in December ordered Gallo held without bail, as the prosecution cited his ties to Florida and the nature of the original charge — fleeing the scene of an accident.
Gray said Monday that nothing has changed in Gallo’s favor.
“The only real change in circumstances is his exposure has increased dramatically,” Gray said.
Gallo now faces up to 121⁄2 to 25 years in prison. The charges in place at the time of the original bail application carried a maximum of seven years.
He now faces a top count of aggravated vehicular homicide, along with other felonies.
Giardino ultimately chose to keep Gallo’s status the same: held without bail.
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