New charges for alleged driver in Schenectady police chase

PHOTOGRAPHER: Steven Cook

The driver accused of slamming into an occupied car while fleeing police in June now faces first-degree assault and other charges.

Tommie Caldwell, 24, of Schenectady appeared Wednesday in Schenectady County Court on a new indictment charging him with 12 separate counts. He pleaded not guilty. He is being held in jail in the crash case, as well as on a federal parole violation from an earlier conspiracy-related case.

The incident started just before 1 a.m. June 6 when police tried to pull over Caldwell on Eastern Avenue near Nott Terrace and he sped away at an estimated speed of at least 55 mph, prosecutor Michael DeMatteo said.

Soon afterward, Caldwell’s vehicle slammed into the occupied car at McClellan Street, pushing it across the intersection and into a house. The three people in the car were all injured: Angel Tosado-Moya of Albany, Omar Pacheco-Baez of Schenectady and Cindy Jiminez of Albany. Tosado-Moya suffered a traumatic brain injury along with multiple fractures, his civil attorney has said in court paperwork. Pacheco-Baez suffered cuts and bruises to his face, mouth and head, requiring surgery, his civil attorney wrote.

Police initially tried to stop Caldwell because they were looking for his car in connection with an earlier incident. DeMatteo said Caldwell turned out not to be involved in that incident, but he was carrying cocaine and marijuana when he fled the traffic stop, according to the indictment.

Tosado-Moya, the driver, and Pacheco-Baez have filed notices of claim against the city claiming police were chasing Caldwell, causing the crash. City officials have said they were reviewing the claims to determine how to proceed.

In all, Caldwell faces one count each of second-degree unlawful fleeing a police officer, first-degree reckless endangerment and third-degree criminal possession of a controlled substance, all felonies, as well as reckless driving and third-degree aggravated unlicensed operation, misdemeanors, and violation-level marijuana possession.

Because of the injuries suffered by those in the other car, Caldwell also faces one count of first-degree assault and three counts of second-degree assault, felonies, as well as two counts of third-degree assault, a misdemeanor.