BALLSTON SPA — Family and friends of tow truck driver Alex Bleickhardt, who were sporting “tow truck lives matter” shirts during the first day of the trial for the man accused of killing Bleickhardt last September on the Northway, were told by Saratoga County Court Judge James Murphy not to wear the shirts or cover them up in the courtroom.
Upon a motion by the defense, Murphy made the ruling based on a recent New York State Court of Appeals decision where the defendant’s right to a fair trial were deemed as superseding the free-speech rights of courtroom spectators.
Bleickhardt, 33, of Pottersville, Warren County, died from injuries he sustained in September 2022 after the broken down Penske truck he was underneath servicing on the northbound side of Interstate 87 between exits 15 and 16 was hit by another truck.
Justin P. Rodriguez, 42, of Moreau is on trial for allegedly driving drunk and under the influence of drugs and striking the Penske truck. He faces a top count of second-degree murder in the case.
Rodriguez is also charged with the following additional felonies:
- Three counts of aggravated vehicular homicide
- Second-degree manslaughter
- Second-degree criminal possession of a weapon
- Third-degree criminal possession of a weapon
- Aggravated driving while intoxicated
- Operating a motor vehicle with a blood alcohol level of .08% of 1% or more
- Driving while intoxicated
- Driving while ability impaired by the combined use of drugs and alcohol
- First-degree aggravated unlicensed operation of a motor vehicle
He also faces two misdemeanor and infraction charges.
In opening remarks, Saratoga County Assistant District Attorney Shawn Lescault said Rodriguez had a “complete disregard for safety and a complete indifference to the value of human life.”
“He demonstrates a level of depravity that will shock your senses,” Lescault said.
He said Rodriguez had three prior convictions within 15 years for driving while intoxicated and had his license revoked because of those convictions.
“The defendant had no business being out on the road on Sept. 15, 2022, but none of that stopped him,” Lescault said.
Lescault said the jury will hear from several witnesses, including people who were at the Applebee’s in Wilton where Rodriguez allegedly raked up an over $80 bill for the Bud Lights and double shots of whiskey he drank there, refusing multiple offers by people to be driven home, including an Uber driver.
The jury is also expected to hear from a state police officer who had been with Bleickhardt at the scene of the broken down Penske truck that night but left to find Rodriguez after people from Applebee’s reported him as drinking while driving. Lescault said the trooper would later receive the call to respond to the scene where Bleickhardt, a tow truck driver for Tow Away LLC, died.
The jury is also expected to hear from a witness who claims to have seen the truck driven by Rodriguez fly by him, nearly hitting him, before hitting Bleickhardt.
“He describes the sound of a wrecking ball hitting a building,” Lescault said.
Lescault said Rodriguez was traveling 76 mph — more than 10 miles over the speed limit in the area — when he struck the Penske truck with Bleickhardt underneath it.
Evidence will show that Rodriguez, who was ordered by the court to provide a blood sample, had a blood alcohol level of .26% — more than three times the legal limit, Lescault said.
Other documents are expected to show that Rodriguez also had marijuana and cocaine in his system at the time of the crash.
Wearing the shirts that said “tow truck lives matter,” Bleickhardt’s mother, Beth Shropshire-Bruno and his aunt, Cheryl Nicholson, were among some of the people who wept during opening statements.
Rodriguez remained unemotional looking straight ahead.
His attorney Michael Martin asked the jury to remain cognizant of the evidence, noting he didn’t believe it reached the level of second-degree murder.
Martin told the jury that in many instances when there is work along the Northway or a vehicle on the side of the road there are signs or flares indicating to drivers to be cautious.
“When the evidence comes in you need to look at this,” he said. “This was a big-box truck. The evidence will show that the tow truck had work lights but it also had only amber lights.”
He said accidents where a tow truck driver is struck happen with sober drivers as well. He went on to say his client didn’t get behind a limo that wasn’t maintained and kill 20 people or drive the wrong way down a one-way street.
“Again, there are three statutes — the vehicular homicides — that if Mr. Lescault proves his points or his fact that may be applicable to this but the murder second isn’t,” he said.
Following opening remarks, outside the courthouse, Shropshire-Bruno recalled her son’s life.
“Alex was a unique spirit,” she said.
She said he had found his place in the world working for the tow company and was happy, bringing along his dog Moose to work.
Moose was in the tow truck at the time of the crash and survived.
“Alex was a good guy,” Shropshire-Bruno said.
Reporter Shenandoah Briere can be reached at [email protected]. Follow her on Twitter @ByBriere.
Categories: News, Saratoga County, Saratoga Springs
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