A Schenectady man was sentenced to state prison this morning for intentionally running down another man with his car last summer.
Despite being struck by the car and thrown into the air by the impact, the victim broke no bones and survived.
Luis Rodriguez, 25, formerly of Wendell Street, apoloziged for what happened, telling a judge he hopes "everything goes well" for the victim.
Rodriguez was sentenced to 5.5 years in state prison, with three years of post-release supervision. He could have received up to six years.
Talk this morning centered around a seemingly new claim by Rodriguez that he had temporarily blacked out, contributing to the crash. He made the claim iin a pre-sentence report from the probation department.
Prosecutor William Sanderson noted that Rodriguez originally told police that he swerved to avoid a car in front of him, hitting the man. Then, when he pleaded guilty in December, he admiitted to intentionally hitting the man.
Prosecutor William Sanderson asked Judge Richard Giardino to sentence Rodriguez to the maximum allowed, arguing that the account showed Rodriguez wasn't taking responsibiility for his actions. The incident was caught on street surveillence cameras.
Defense attorney Brian Mercy argued that Rodriguez was taking new medication that day, which caused memory lapses and judgement lapses. Mercy, however, neither he, nor Rodriguez attempted to revisit the guilty plea.
The incident happened June 1 on Eastern Avenue, near Walnut Street. Prosecutors said it stemmed in part from a dispute between Rodriguez and the victim. The victim was the boyfriend of Rodriguez' mother-in-law.
Rodriguez struck the man on the sidewalk, hitting him head-on. Rodriguez then fled the scene, turning onto nearby Wendell Avenue and running into a house.
Rodriguez was found by a witness, who followed him to the house.
A street surveillance camera, caught the entire incident, discounting an initial Rodriguez claim that it was an accident. There was no car in front of Rodriguez, no reason for him to swerve other than to intentionally hit the man.
The investigation also showed that Rodriguez had been having an ongoing dispute with the victim.
The sentence is to run at the same time as a three-year Albany County drug sentence.