By IAN BENJAMIN
Executive Editor
Nineteen-year-old Alfred Zwack, the man charged with leaving the scene of the hit-and-run that killed communications student Etemowei James Oki late last month will likely face manslaughter charges after bail was set last week at $100,000. In an appearance before Judge Thomas Breslin, the district attorney’s office suggested pending charges will likely include manslaughter, in addition to leaving the scene of a motor vehicle crime.
Police previously secured video footage of Zwack and his car both before and during the accident. This evidence was highlighted by assistant district attorney Mary Tanner Richter, prosecuting at a court appearance Dec. 14.
“Given the strength of the case and, in part, having reviewed video of the incident itself, I anticipate the charges being upgraded in the near future to manslaughter in the second degree,” Tanner Richter told the court.
Zwack, of Southern Boulevard, pleaded not guilty to leaving the scene of the accident, a felony, and aggravated operation of a motor vehicle in City Court last month. He is currently facing three to seven years in state prison for leaving the scene, but may be looking at up to 15 years if convicted of manslaughter.
Attorney Joseph McCoy, representing Zwack, highlighted his client’s action in contacting McCoy’s office within 48 hours of the accident. McCoy then arranged for Zwack’s surrender to police.
Tanner-Richter told Breslin that Zwack only contacted McCoy after identifying information about the accident and Zwack’s car was publicized. Zwack surrendered to police shortly after a description of his green 1999 Honda Accord was reported by local media.
In setting bail at $100,000, Breslin informed the court that he took both attorneys’ statements into consideration, but noted that the defendant had abided by “few rules and regulations in his short life. I wonder whether he would abide by the requirement to return here if released on bail.”
Zwack has both previously failed to appear before a court and had probation revoked last year. According to a Times Union article, his criminal history includes at least nine prior arrests for a variety of misdemeanor and felony crimes, including several for petit larceny and one for unlicensed operation of a motor vehicle in the third degree from last year. At the time of the accident, he was driving without a license, having had it suspended.
Zwack has also been involved in a number of criminal incidents, including a car shooting April 17. He was stopped at light at Livingston and North Lake avenues in the West Hill neighborhood when a man shot through the rear passenger window. The bullet struck him in the right thigh. Zwack then drove to Albany Memorial Hospital with the injury.
Oki, 29, was a Navy veteran who was majoring in communications at Saint Rose. He was crossing Quail street at the intersection of Elk the morning of Nov. 26 when Zwack, passing another car in the southbound lane, struck him. Zwack “had gone over a double yellow line and appeared to be accelerating at the time” of the accident, Tanner-Richter told Breslin. Oki died several hours later from massive head trauma sustained during the crash.
