The man who admitted to driving his motorcycle under the influence of drugs and alcohol and crashing into the Warren County Bikeway, will have to wait until at least January to find out if he will spend the rest of his life in prison.

Anthony Futia was in Warren County Court on Thursday for a hearing on whether he will be designated as a persistent felony offender because of prior convictions on his record. If the judge determines he is a persistent offender, he faces a sentence of 12 ½ to 25 years in prison.

Futia pleaded guilty in January to manslaughter and aggravated vehicular homicide for the crash that took place on June 12, 2022 near the Lake George Expedition Park.

Futia was driving without a license and impaired when he crashed his motorcycle into people walking on the path in Lake George. Jamie Persons and his stepson, Quinton Delgadillo, were killed. Delgadillo’s mother and Persons’ fiancée Jasmine Luellen, was severely injured.

Warren County District Attorney Jason Carusone said ten minutes before the crash, witnesses saw Futia drinking at a bar, slurring his words. He was told to leave and pushed his fiancée to the ground on the way out before taking off in his motorcycle at high rate of speed.

“He’s angry. He’s reckless and he takes two lives – an 8-year-old and 38-year-old and forever changes everyone’s lives who was there and anybody who is connected to them,” Carusone said.

During the hearing, witness Robert Smith testified to seeing Futia riding at a high rate of speed.

“The motorcycle passed me like I was standing still,” he said.

Smith, who is no relation to Judge Robert Smith, said that the motorcycle passed him on the left and then swerved back into his lane. However, he overcorrected and traveled onto the bike path. He then crashed.

Smith said he pulled into the parking lot of the amusement park. He saw Persons and Delgadillo but determined that they could not be helped. He rendered aid to the woman, later identified as Luellen.

Smith took off his shirt and made a tourniquet to help the woman because she had a severe leg injury. She was taken to Lake George Elementary School and transported by helicopter to Albany Medical Center.

During her testimony, Luellen said she was pushing a stroller. She saw the motorcycle coming at them and not knowing whether to attempt to push them back into the road or the parking lot.

“I thought I got out of the way, but he came and hit me,” she said.

Luellen testified that she could see Quinton laying face down by the guardrail near the crash. She couldn’t see Jamie.

She said blacked out. Luellen remembers someone helping her. She tried to stand up and fell back to the ground.  

Her leg was almost severed.

“I’m never going to be able to fully run or chase my kids,” she said.

Carusone said Futia has a long criminal record dating back to when he was teenager and he stole $4,000 from a bedroom at a house party. Then, he used that money and spent it on a stripper and gambling at a Turning Stone Casino. He also committed a slew of other burglaries.

Futia was sentenced to 2 1/3 to 7 years in prison for a variety of felony and misdemeanor theft cases. Futia was allowed to complete a “shock” program. He was released but repeatedly violated parole by using drugs and committing thefts, which led him back to prison.

“He seems to have an inability to control himself,” Carusone said.

“If you believe that society needs to be protected from Anthony Futia, should he warrant a longer sentence?” Carusone said.  

His attorney, Tucker Stanclift, had argued that Futia’s previous offenses did not rise to the level of a persistent felony offender status.

Stanclift called a character witness including Futia’s former live-in fiancée.

“He was a really caring person. He would do anything if I needed it,” she said.

She said Futia has become a father figure to her daughter and would do anything for him.

Stanclift read a letter that Futia wrote, saying that he sees Delgadillo’s picture in his dreams.

“And every night, I wake up and I ask God and wonder why him and not me. He had his whole life ahead of him and I’d already thrown mine away.”

Futia apologized in the letter as read by Stanclift.  

“This was nobody’s fault your mine, your honor. I made all the wrong choices that day that led to this horrible thing to happen. I never imagined this would have been the outcome. It was and all I can do is take responsibility and ask for forgiveness – forgiveness for what happened that day.. I ask you and beg you please make me pay my due, but please don’t take my life from me with a life sentence.”

Judge Smith adjourned sentencing until Jan. 16, 2024.

Futia is already facing a sentence of 12 ½ to 25 years in prison – even if he is not designated as a persistent felony offender.