Parents suing Colonie for son's death speak out

COLONIE (NEWS10) - The family of 17-year-old Michael Kleinke Jr. has filed a lawsuit against the Town of Colonie and 72-year-old Thomas McGrath, the man charged in their son’s fatal crash. The suit accuses local authorities of failing to properly investigate McGrath’s condition just 38 minutes before the deadly collision, a failure the family believes contributed to their son’s death.

According to the lawsuit, Colonie Police stopped McGrath before the crash but did not test him for drugs despite signs of impairment. Michael Kleinke Jr. died after McGrath collided with his Mustang on Route 85 on May 11, 2023. Kleinke’s family claims that McGrath, who they allege was under the influence of drugs, was not properly evaluated by authorities after earlier incidents, which might have prevented the tragedy.

In an interview with News10, Michael’s mother, Jessica Kleinke, reflected on her son’s final moments. "He apparently got eight liters of blood on the scene, but there still was not enough blood getting to his brain. So we got to spend 36 hours with Michael after that, before he was brain dead."

The family has taken legal action against the Town of Colonie and Progressive, McGrath’s insurance company, while also pursuing a criminal case against McGrath. He has pleaded not guilty to seven charges, including manslaughter in the second degree and driving while impaired by drugs.

Michael Kleinke Sr., the teen’s father, expressed frustration over the handling of the situation by law enforcement. "Within a two-day period, this man was cornered by concerned citizens, the police contacted emergency, EMS came, evaluated, released him to his sister, and two days later, he rear-ended two girls in the Town of Colonie. Thirty-eight minutes after that, he crossed the line and killed our son."

The family argues that authorities failed to administer a drug test to McGrath during two prior stops, one occurring just half an hour before the fatal crash. Their attorney criticized the police's failure to conduct even a basic field sobriety test.

“What bothered us so much was when the district attorney told us that the officer didn’t even get him out of the car to do a basic field sobriety test. If he had just taken McGrath out of the car, Michael would still be here,” said the attorney representing the Kleinke family.

In addition to seeking justice for Michael’s death, the family and their legal team are advocating for the passage of the Grieving Families Act, a bill that would allow families to seek compensation beyond lost wages in cases like theirs. The current law in New York, they argue, does not adequately recognize the emotional toll on families who lose loved ones under tragic circumstances.

“There’s no amount of money that could put a value on my son’s life,” Jessica Kleinke said. “But the Grieving Families Act would be beneficial to people who can’t go back to work after an incident like this.”

The Town of Colonie has not responded to requests for comment, and the Colonie Police Department declined to comment on the ongoing litigation.