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Truck driver in I-390 fatal to turn self in Wednesday

Posted December 13, 2007 10:00 pm

Bob Clark

The truck driver indicted Wednesday in connection with the death of a SUNY Geneseo student on Interstate 390 in October, has agreed to turn himself in Wednesday.

According to Livingston County District Attorney Thomas Moran, John M. Martarello of Butternuts, located northeast of Binghamton, agreed to turn himself in after being indicted on charges of leaving the scene of an incident without reporting and first-degree perjury. He was charged after an investigation into the death of Kaitlin Charity, 20, of Islip, who was killed in a hit-and-run accident along I-390 Oct. 20.

Moran does not considered Martarello to be a flight risk.

"We have no reason to believe he will not comply," Moran said.

Martarello was found after six days of investigation, according to Moran, adding Martarello was the last of three drivers, believed to have struck Charity, to be identified and interviewed.

First-degree perjury, according to state Penal Law Section 210.15, is reserved for cases where the accused made false statements in sworn testimony. Moran could not comment on whether the charge referred to potentially false statements made by Martarello to the grand jury.

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"It's a grand jury investigation, which means they are sealed," Moran said.

Both charges are class D felonies, and a conviction could mean up to seven years in prison for each charge.

Martarello, an independent truck driver, was working when he allegedly struck Charity.

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"He was hauling juice to deliver in Rochester," Moran said.

Moran does not believe any more charges are forthcoming.

"The investigation is closed," he said.

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Moran also said he does not expect any charges will be filed against the other two drivers investigators searched for immediately after the incident.

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