Pubdate: Tue, 23 May 2000
Source: Daily Gazette (NY)
Copyright: 2000 The Gazette Newspapers
Contact:  P.O. Box 1090, Schenectady, NY 12301-1090
Fax: (518) 395-3072
Website: http://www.dailygazette.com/
Author: Jill Bryce, Gazette Reporter
Note: Gazette reporter Laura Suchowolec contributed to this story.

REPORT: DETECTIVE WAS DRUNK

Rensselaer Officer Was Driving Car When Crash Killed His
Partner

"We are all shocked at the events of the last few days. I am deeply
disappointed by the facts brought out by the state police today."
Frederick M. Fusco Rensselaer police chief

RENSSELAER - A city police officer was drunk when he crashed his
unmarked car Friday on Interstate 90, killing a fellow officer,
investigators said.

The report from state police that Detective Kenneth Kannes was legally
intoxicated at the time of the accident rattled the city police
department Monday, the same day funeral arrangements were being
finalized for his partner, Patrolman Mark Goca.

Goca, 36, a five-year veteran, was killed Friday when he was ejected
from the unmarked police car as it rolled over several times and
landed on its roof near Exit 6.

Although tests indicate Kannes had a blood alcohol content above the
legal threshold for intoxication, he has not yet been charged and the
investigation into the crash continues, said state police Maj. Bart
Johnson.

"This is standard procedure when other serious charges may be
pending," said Johnson. "This is being looked at very closely and very
aggressively. The case will probably go to a grand jury," he said.

Members of the city Police Department, trying to come to grips with
the death of Goca, said they were stunned and disappointed by the
latest news about their colleague.

"We are all shocked at the events of the last few days. I am deeply
disappointed by the facts brought out by the state police today," said
a shaken Rensselaer Police Chief Frederick M. Fusco. "The toxicology
results are back on the alcohol in Detective Kannes' blood. He was in
fact intoxicated.

I am completely shocked by the revelations here today. Detective
Kannes made a bad personal judgment which he will have to come to
grips with," said Fusco. "I know how hard this has been for him to
deal with, and we want to do all that we can to help him through this
traumatic time. We are trying to prepare the funeral of Officer Goca
and assist his family in dealing with this horrible tragedy."

Kannes had worked as the department's Drug Awareness and Resistance
Education (DARE) officer in local schools.

Albany County District Attorney Sol Greenberg said his office is
awaiting the state police reconstruction report before filing charges.
The report will summarize many factors surrounding the accident.

"We are awaiting the complete report before we decide what to do,
whether to file criminal charges," said Greenberg. "We are very
interested in the time the blood test was taken in relation to the
time of the accident. We are interested in the speed involved in the
accident and in reconstruction. Until we get all of that, we will
defer making any decisions," said Greenberg.

Kannes, 40, could be charged with vehicular homicide, a class D felony
punishable by 2 to seven years in prison, Greenberg said.

Greenberg said he does not expect the case to be presented to a grand
jury until next week at the earliest.

Kannes remained in the Capital District Psychiatric Center on Monday
as a result of "severe trauma" suffered in the accident.

He checked himself in after the accident because he was having
emotional problems dealing with the death of his partner, said Fusco.

His status on the Rensselaer police force is uncertain pending results
of the investigation, said Fusco.

A point that remains unclear and under investigation is whether the
two Rensselaer police officers were actually on duty in the hours
prior to the accident. Johnson said they were on a scheduled noon-to-9
p.m. shift Thursday. Fusco would not discuss the matter Monday.

The fatal accident occurred at 2:31 a.m. Friday when the leased
Chevrolet Lumina that Kannes was driving in the eastbound lanes of
Interstate 90 skidded off the wet highway and rolled over several
times near Exit 6.

Goca was killed when he was ejected from the car. An autopsy done
Friday by Dr. Barbara Wolf determined the cause of death was asphyxia
due to chest compression.

Toxicology reports to determine Goca's blood alcohol content were done
but results were unavailable Monday.

Kannes was treated at Albany Medical Center Hospital for an ear injury
after the accident. While there, he voluntarily submitted to a blood
test for alcohol and drugs. The test, analyzed at state police labs,
determined he was intoxicated at the time of the test, though police
would not release his exact blood alcohol content.

A person with a blood alcohol content of 0.10 or above is considered
legally intoxicated in New York.

Neither man was wearing a seat belt, said Johnson.

Speed is being examined as well but it has not been established if it
was a factor in the crash, said Johnson. There is no indication the
officers were in a pursuit at the time.

Kannes told investigators another vehicle swerved in front of him and
caused him to lose control.

State police, leading the investigation, said they are still searching
for the other vehicle. But Johnson said they could not release a
description because they did not have one.

Meanwhile, investigators are trying to determine the whereabouts of
the two officers from 9 p.m. Thursday, when they left the Albany
County Courthouse, until 2:31 a.m Friday, when the accident occurred.

Johnson would not elaborate but said many leads are being followed and
people are cooperating in the investigation. "We have information
developing on where they were, several leads are being pursued," said
Johnson.

Kannes and Goca had been working on a drug investigation Thursday with
the Albany County Sheriff's Department.

The investigation had been under way for a month.

Sheriff James Campbell said Goca and Kannes left the courthouse at 9
p.m. Thursday. Campbell said the four undercover Albany County
investigators who worked with the Rensselaer officers each gave him a
memorandum about their whereabouts that night and said they were not
with the Rensselaer officers after 9 p.m.

Rensselaer Mayor Lynn Ganance said the accident is something which the
city as a whole will not get over anytime soon. "I have recently
learned of the events surrounding the accident and I am deeply
disappointed," she said Monday.

Fusco said Kannes has become known as one of the city's "finest police
officers because of his professionalism and outstanding dedication to
his duties."

Before meeting with the media, Fusco met with members of his
department to tell them about toxicology results. "I wanted them to
know this before it got out in the media. Everyone is very shocked. We
didn't expect this, I know I certainly didn't. Both officers have
perfect records."

Goca, who grew up in a house on First Street, was married three weeks
ago and had just returned to work May 15 after his honeymoon.

Calling hours are scheduled for 3 to 8 p.m. today in St. John the
Evangelist Roman Catholic Church at 50 Herrick St., where a service
with full police honors will be held at 9 a.m. Wednesday.

Following the service, a reception is planned at the Pepsi Arena in
Albany.

Possible charges In cases where there is a death in a DWI-related
case, the driver can face various homicide charges.

Second-degree vehicular manslaughter, which is punishable by 2 to
seven years in state prison, can apply when a person is driving while
intoxicated and, with what is called criminal negligence, causes a
death.

Second-degree manslaughter, which is punishable by five to 15 years in
state prison, requires a higher level of proof - that the driver acted
recklessly and caused the death of another person. Factors which are
used to prove recklessness can include the driver's blood-alcohol
content and speed.

It is not uncommon for a first-time drunken driver who kills someone
to be offered a plea to the least serious of all the homicide charges,
criminally negligent homicide, punishable by 1 to four years in state
prison.
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