The Canadian truck driver accused of causing a December 2013 crash that killed state Trooper David Cunniff has pleaded guilty and accepted a prison sentence, Montgomery County District Attorney James “Jed” Conboy confirmed Thursday.
Gary Blakley, 66, of Ridgeway, Ontario, pleaded guilty Wednesday morning to one count of aggravated criminally negligent homicide, a felony. In return, he is to receive a sentence of 3 1/2 years in prison at his July sentencing, Conboy said. He will remain free until he is sentenced.
The surprise plea came as Blakley attended a pre-trial court appearance, Conboy said. The plea is the same one previously offered to Blakley.
Cunniff’s widow, Amy, approved the deal, Conboy said. She wanted Blakley to admit responsibility, but not spend an inordinate amount of time in prison, Conboy said.
If convicted of the original counts lodged against him, Blakley could have spent up to 20 years behind bars.
“The key to the decision was my conversations with Amy Cunniff,” Conboy said. “She indicated that if he would plead guilty to that charge and agree to that sentence that would be satisfactory to her.”
State police Superintendent Joseph D’Amico issued a statement Thursday in response to the plea:
“The New York State Police expresses its gratitude to Montgomery County District Attorney Jed Conboy for the tremendous work he and his colleagues did to bring this case to a close. Our thoughts and prayers continue to be with the family of Trooper Cunniff and his fellow members of the State Police.”
Blakley’s tractor-trailer struck Cunniff’s cruiser and a second vehicle the evening of Dec. 16, 2013, on the southern shoulder of the New York State Thruway near the Amsterdam exit, authorities said. Cunniff was in the midst of a traffic stop of Eric Heller, 58, of Stoney Creek.
Cunniff’s cruiser was idling on the side of the road and his emergency lights flashing at the time of the crash, authorities said.
Cunniff, 35, of Duanesburg, a nine-year state police veteran, died the day after the crash. Heller was also injured, but survived.
Central to the criminal accusations was that Blakley had been on duty more than 14 hours, the legal limit for truck drivers. By the time the eastbound trucker reached the Amsterdam exit and slammed into Cunniff’s cruiser, he was over the limit by 15 minutes, Conboy has said. His required log book was also not up to date, Conboy said.
Blood tests taken after the crash showed Blakley’s system was clear of both alcohol and drugs, Conboy has said.
State police have said Blakley’s eastbound tractor-trailer started in the left lane, crossed the right lane and then slammed into Cunniff’s cruiser and Heller’s car on the right shoulder.
Conboy noted the charge Blakley pleaded guilty to is a violent felony, and he waived his right to appeal.
Blakley turned himself in to U.S. authorities Feb. 3 to face seven charges related to Cunniff’s death, including felony counts of aggravated criminally negligent homicide, criminally negligent homicide and second-degree aggravated manslaughter. He posted $50,000 bond Feb. 9 and has been free since.
Blakley is represented by Amsterdam attorney William Martuscello, who could not be reached for comment Thursday. The plea was taken by Montgomery County Court Judge Felix Catena.
With Blakley’s guilty plea in criminal court, legal action continues on other fronts. Two civil lawsuits were filed in U.S. District Court in Albany alleging Blakley was negligent. One suit was filed by Cunniff’s estate and the other by Heller.
Named as defendants in both suits are Blakley and his Ontario-based trucking company, GW McPherson Trucking. Both actions remain pending.
Cunniff‘s estate is seeking unspecified damages and is represented by attorney Thomas DiNovo. Heller’s suit seeks specific damages totaling $550,000. He is being represented by attorney Joseph Brennan.
Categories: -News-, Schenectady County
