Jury has case of Moreau man accused of driving drunk, killing tow truck driver

Justin P. Rodriquez, 42, allegedly drove while under the influence of alcohol, cocaine and marijuana and struck 33-year-old Pottersville resident Alex Bleickhardt, who was working under a box truck on the side of the Northway in Wilton at about 10:30 p.m. on Sept. 15, 2022.

Rodriguez’s license had been permanently revoked after three drunk driving convictions — two from 2018 and one from 2010.

Rodriguez is facing a top count of second-degree murder and other charges including aggravated vehicular homicide, DWI, reckless endangerment and aggravated unlicensed operation of a motor vehicle.

The second-degree murder charge requires that prosecutors prove that not only was Rodriguez driving recklessly but that he had “wanton” or “depraved” disregard for human life.

Before adjourning for the day, the jury requested that Saratoga County Court Judge James Murphy read back the legal definition of second-degree murder twice.

During the trial, the prosecution laid out the case that Rodriquez had been drinking beers and whiskey shots at Applebee’s. When he got up to leave, other patrons at the restaurant tried to convince him not to get in his car and drive, saying that he would kill or injure somebody. Rodriguez refused multiple offers of rides home or an Uber.

Assistant District Attorney Shawn Lescault said Rodriguez had no business being out on the road on that night.

“No one was going to stop the defendant from driving — not the DMV, not the police, not the people of Applebee’s,” he said.

Rodriguez leaves just after 10:30 p.m., driving erratically down the highway, nearly cutting off a New Jersey couple heading up to Lake George. Rodriguez crosses over three lanes of traffic, drives onto the shoulder and strikes the box truck, according to the testimony in the trial.

Rodriguez has cuts and scrapes from the crash, but is walking under his own power after being extricated from the vehicle.

During his summation, Lescault played a clip of Rodriguez in the ambulance telling officers that he had a couple of beers a few hours ago. When asked to submit to a breath test, Rodriguez said “I refuse all that stuff. I don’t care.” In response to repeated requests to submit to a test, Rodriguez says over and over “Don’t care. Don’t care.”

Rodriguez said he doesn’t trust the police and said he is going to go to the Carolinas to escape punishment.

Lescault said Rodriguez’s actions show that he knew what he done was wrong and was consciously refusing to take the test because he knew he would get in trouble.

Two subsequent blood draws at the hospital yielded blood alcohol concentrations of 0.26% at midnight and 0.22% at 2 a.m., acceding to Lescault. The legal limit is 0.08%.

During his summation, which was prior to Lescault’s, defense attorney Michael Martin attempted to make the case that this was a tragedy as a result of a series of circumstances that night. He said his client should have been cut off earlier at the bar.

“He had been overserved and he had been significantly overserved,” he said.

The attorney said that the Applebee’s patrons were very hostile and his client was not receptive to their help.

Martin said the prosecutors could not prove “depraved indifference to human life.” He said his client did not intentionally ram into the back of the box truck. The truck was parked on the shoulder 24 inches from the highway. He also claimed that it was not well-illuminated — a claim the prosecution rebutted. 

The jury will resume deliberations on Thursday.