Motorcyclist guilty in Lake George deaths
LAKE GEORGE — An alcohol-impaired and unlicensed motorcyclist who sped off Route 9 last June, killing an 8-year-old boy and the fiance of the boy’s mother, pleaded guilty to felonies Tuesday in Warren County Court to resolve his case without going to trial.
Anthony J. Futia, 33, admitted to aggravated vehicular homicide for the deaths of Quinton Delgadillo, 8, and James Persons, 38, and seconddegree assault for the injuries to the child’s mother, Jasmine Luellen, on June 12. The defendant also admitted to driving while ability impaired by alcohol and drugs, reckless driving and driving without a license, all misdemeanors, according to Warren County District Attorney Jason Carusone.
“This case highlights the destruction that comes from drunk and drugged driving,” Carusone said in a statement. “The defendant stands convicted for his senseless conduct, which has devastated a family and a community. Today’s plea provides the victim’s family some closure without the stress and uncertainty of a trial. Now, after a hearing, the defendant could face a life sentence.”
On the day of the crash, Futia was speeding north on Route 9 when he veered off the road and onto the Warren County Bikeway by the Lake George Expedition Park, near Bloody Pond Road. Futia crashed into six pedestrians, taking the lives of Delgadillo, who was a student at Lake George Elementary School, Persons and injuring Luellen, who was treated at Albany Medical Center Hospital.
Futia, who was also injured, had no memory of the incident, according to people familiar with the case. As a result, Futia took an “Alford plea” before County Judge Robert Smith on Tuesday. Such pleas allow a defendant to plead guilty while not admitting wrongdoing as long as they agree that the proof facing them was enough to convict them at trial beyond a reasonable doubt.
Futia’s prison sentence will depend on whether Smith determines that he is a persistent felony offender, which requires three or more felonies on ones rap sheet. If the judge makes that determination, Smith has agreed to impose a prison sentence no higher than the indeterminate term of 15 years to life. If he does not find Futia to be a persistent felony offender, Futia’s range of punishment is 12.5 to 25 years.
“Mr. Futia accepted the deal in respect to the victims’ families and in an effort to show his remorse for this horrific accident,” Futia’s attorney, Tucker Stanclift, told the Times Union. “He hopes to demonstrate to the court before sentencing that he is worthy of avoiding a life sentence under these circumstances.”
Futia faced an initial indictment and superseding indictment charging him with several counts of aggravated vehicular homicide, which carries up to 25 years in prison, as well as second-degree manslaughter and the other charges.
The case was investigated by State Police and the Warren County sheriff ’s office.
Futia is being held without bail at Mohawk Correctional Facility.
His sentencing date has not yet been scheduled.