Salina, N.Y. — A driver who struck and killed a tow truck driver pulled over on the Onondaga Lake Parkway will get no jail time.
Richard Congel, 77, of Clay, pleaded guilty to violating the state’s move over law, a traffic violation. He was sentenced Wednesday to a one year conditional discharge with a $150 fine in Salina town court. The conditional discharge means Congel’s violation will be dismissed as long as he stays out of trouble for one year.
Congel was originally charged with driving while ability impaired, vehicular assault and second-degree assault. A toxicology report later showed Congel was positive for an amphetamine, opiate, benzodiazepine and marijuana.
Congel was driving a Ford Explorer on the parkway when he struck Irael Martinez, 48, of Syracuse, who was loading a car onto his tow truck in February 2022. Martinez died two weeks later in the hospital.
Congel did not move his vehicle to the outside lane as required by the state’s Move Over law, police said. He also failed a field sobriety test and refused to allow his blood to be taken.
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But most of his charges were dropped because it could not be proven the drugs impaired his driving, prosecutors said. The crash revealed that Congel had a brain tumor, they said.
The toxicology report was sent to a neurologist at SUNY Downstate. He said it was unclear if the crash was caused because of the drugs Congel was on or if it was because of the tumor.
All of the drugs in Congel’s system at the time were prescription except for the marijuana. The marijuana was at a “very low level,” prosecutors said.
Congel, who owns R C Congel Auto and Boat Sales, was allowed to settle the case by pleading guilty to failure to move over.
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Staff writer Fernando Alba covers breaking news, crime and public safety. Have a tip, story idea, question or comment? Reach him at [email protected]
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