An Albany man was on his phone while driving, and that led to another man being hit and killed, State Police said.

Jose Prieto Cole is now charged with criminally negligent homicide.

David Bonaparte was stopped on the shoulder of I-90 and was later hit by a car. He died at the scene.

Cole also lied to them about what he was doing before and during the crash, police said.

He is now in the Montgomery County Jail on a $100,000 bond.