Police: Albany man distracted by phone when struck motorist on Thruway

State Police have arrested an Albany man they say using his cell phone, when he struck and killed a person in the Thruway.

The crash happened just before noon on Jan. 4 in Canajoharie. Jose M. Prieto Cole, 24, allegedly was distracted and struck David Bonaparte, 61, of Rome, who was on the shoulder of the road because of a brake problem.

In addition, police said Prieto College gave a false written statement about his actions at the time of the crash.

Prieto Cole was charged with criminally negligent homicide, offering a false instrument and traffic violations. He was arraigned in Root Town Court and sent to Montgomery County Jail in lieu of bail set at $10,000 cash, $100,000 bond and $100,000 partially secured bond.