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Gregory Mitchell Sentenced in Aggravated Vehicular Homicide and Assault Case

District Attorney

Gregory Mitchell, age 32, of Scotia, New York, was sentenced today on one count of Aggravated Vehicular Homicide, a class B felony, in violation of Penal Law Section 125.14(3), and one count of Reckless Assault in the Second Degree, a class D violent felony, in violation of Penal Law Section 120.05(4).  He was sentenced to an indeterminate sentence of six (6) to eighteen (18) years in prison on the Aggravated Vehicular Homicide charge and a determinate sentence of six (6) years on the Assault charge.  These sentences will run concurrently.  Mitchell had previously pled guilty to these counts on July 3, 2024 in exchange for the agreed upon sentence.

The charges stem from a vehicle crash on October 21, 2023 when Mitchell was found to be under the influence of a combination of both drugs and alcohol.  Jacqueline McCole, who was in his passenger seat, died as a result.  Video evidence obtained from the County Camera System and local businesses show Mitchell and McCole leaving a local Schenectady bar shortly before the crash.  The defendant can be seen stumbling to his vehicle, entering the driver seat, then proceeding to drive the wrong way on a one-way street and stopping at a green light.  After he turned onto Eastern Parkway, he is seen on County Cameras accelerating.  Witnesses in the area reported seeing him speeding and driving in the middle of the road, causing one driver approaching from the opposite direction to have to pull to the side of the road.  Mitchell then crashed into a parked van on the shoulder of the east bound lane, pushing the van forward approximately thirty (30) feet before the van hit a telephone pole, breaking the pole.  Ms. McCole died instantly. 

Mitchell was extracted from the vehicle and taken to Albany Medical Center where a sample of his blood was taken for analysis.  The sample was analyzed by the New York State Crime Laboratory, which showed that Mitchell had a blood alcohol content of .19% as well as the presence of marijuana.  A separate search warrant was executed of blood taken by Albany Medical Center, which showed a BAC of .17% and the presence of marijuana.  A search warrant was also executed on his vehicle, where a half empty bottle of liquor and a marijuana smoking device was discovered.  Mitchell was culpable for the crime of Aggravated Vehicular Homicide because he caused the death of another person while driving recklessly and under the influence of alcohol and drugs while he had previously been convicted of another alcohol related traffic offense within the proceeding ten years.

Ms. McCole was a mother of three and grandmother of five.  At sentencing, her sister, two daughters, and mother spoke.  She was described as someone who loved life and was full of happiness.  One daughter lamented that their mother will never walk her down the aisle or get to see her grandchildren grow up.  Just before leaving the house on the day she died, Ms. McCole took a selfie photograph on her cell phone and sent it to her mother.  Her mother proudly displayed that picture as she spoke.

The case was presided over by the Honorable Matthew Sypniewski. The case was prosecuted by County Court Bureau Chief Nicolaus B. McDonald and ADA Marlena Moreno.  James Knox, Esq. of Hacker Murphy, LLP represented the defendant.