Jury convicts man who killed local tow truck driver

A Saratoga County Court jury made up of nine women and three men spent about four hours deliberating before delivering guilty verdicts on 14 out of 16 counts of the indictment against 42-year-old Justin P. Rodriguez. They acquitted him on the top count of second-degree murder.

Police said Rodriguez was under the influence of alcohol, cocaine and marijuana when his work truck left the roadway and drove onto the shoulder in Wilton at about 10:39 p.m. on Sept. 15, 2022, striking and killing 33-year-old Pottersville resident Alex Bleickhardt, who was working under a box truck on the side of the highway.

Rodriguez’s blood alcohol concentration was 0.26%. His license had been permanently revoked after three drunk driving convictions — two from 2018 and one from 2010.

The jury received the case at about 3:30 p.m. on Tuesday and deliberated for almost two hours before adjourning for the day. Jurors did not meet on Wednesday but resumed deliberations at 10 a.m. on Thursday morning.

The central question for jurors whether Rodriguez’s conduct rose to the level of second-degree murder — meaning that Rodriguez was not only driving recklessly at the time of the crash but had “wanton” or “depraved” disregard for human life.

Just before leaving for the day on Tuesday, the jury requested that the definition of the second-degree murder charge be read back twice.

During the trial, witnesses had testified that Rodriguez had been drinking beers and whiskey shots at the Applebee’s and became very intoxicated. When he got up to leave, other patrons at the restaurant insisted that he not drive because he would kill or injure somebody. Rodriguez refused multiple offers of rides and said he was getting in his truck. 

Rodriguez crashed through a fence at the car wash next to the restaurant before getting onto Route 50 to head to the highway.

After the crash, Rodriguez refused breath and blood tests and said he was going to flee to the Carolinas, which Senior Assistant District Attorney Shawn Lescault said indicated consciousness of guilt.

After resuming deliberations on Thursday morning, the jury requested to see a portion of body camera footage taken at the state police station when Rodriguez was in custody.

Rodriguez is seen hunched over and asks police about his truck.

“I really need to know where my truck is — regardless if it’s wrecked or not,” he said. “It’s really stressing me out. I don’t know where the f–k it is.”

Later, a state police investigator comes over to inform him about what is going on.

“You killed a tow truck driver today — 31-year-old tow truck driver is dead,” the officer said.

“No f—-n’ way,” Rodriguez said.

The officer informs Rodriguez that he is going to be charged with vehicular manslaughter and he continues to state that he does not believe him.

“I feel like you’re b———-g me,” Rodriguez said.

“We’re not in the business of b———-g,” the officer said.

Rodriguez then asks about his truck again.

“That’s all you care about his your truck — not the person killed tonight,” the officer asked.

“Does it really matter? I’m going to be f—– regardless,” he said.

Rodriguez was also convicted of charges of second-degree manslaughter, aggravated DWI, DWI, driving while ability impaired by the combined influence of alcohol and drugs, aggravated unlicensed operation of a motor vehicle reckless driving, leaving the scene of a property damage accident and violation of the Move Over Law.

He also was convicted of second-degree criminal possession of a weapon and third-degree criminal possession of a weapon for a loaded handgun that was found in his car.

Rodriguez was acquitted of a charge of second-degree reckless endangerment, which stemmed from an incident in the Applebee’s parking lot. One of the patrons had attempted to get into his truck to prevent him from driving. Police said Rodriguez accelerated and the man had to jump off for fear of being injured. 

Rodriguez’s attorney, Michael Martin, had argued during the trial that the conduct did not rise to the second-degree murder charge and said that the incident was a tragedy. His client should have been cut off earlier at the bar and had argued that the box truck was not well-illuminated, which Lescault rebutted.

Rodriguez will be sentenced on Sept. 14.

Saratoga County District Attorney Karen Heggen said Rodriguez was originally charged with vehicular manslaughter following the crash. The grand jury believed there was sufficient evidence to indict on the second-degree murder charge.

Despite the acquittal on that count, she said Rodriguez faces a maximum sentence of 12 ½ to 25 years on the aggravated vehicular homicide count and a potential consecutive sentence of up to 15 years in prison on the gun charge.

She commended the efforts of her staff and law enforcement on the case. There were many civilian witnesses that came forward both on that night and afterward.

Heggen said this tragedy was 100% preventable if Rodriguez had listened to the people who implored him not to get behind the wheel of a vehicle in his intoxicated state.

The victim in this matter was a young man who was just doing his job, Heggen said.

“Tragedy ultimately resulted because of the actions and decisions that the defendant made that night,” she said.

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