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Driver Receives Split Sentence for Leaving the Scene After Fatally Injuring Pedestrian During Winter Storm

Acting Erie County District Attorney Michael J. Keane announces that Matthew J. Althoff, 40, of Amherst was sentenced yesterday afternoon before Acting Erie County Court Judge Andrew C. LoTempio. Our prosecutor requested the court impose the maximum sentence of an indeterminate 2 1/3 to 7 years in prison. The defendant received a split sentence of six months in jail followed by five years of probation. 

On Monday, January 15, 2024, at approximately 7:21 p.m., the defendant was driving a Ford Explorer SUV westbound on Losson Road in the Town of Cheektowaga when he hit a pedestrian. The defendant drove away from the scene without reporting the incident to police.

The victim was clearing snow from his vehicle in front of his home when he was hit by the vehicle. He was found injured in the roadway by an off-duty New York State trooper. The victim, 41-year-old Antwain R. Hankle, was taken by ambulance to ECMC where he later died. 

Althoff pleaded guilty to one count of Leaving the Scene of an Incident Without Reporting Resulting in Death (Class “D” felony). The defendant pleaded guilty to the highest sustainable charge on May 21, 2024. 

In addition to his New York State driver’s license being revoked, the defendant must participate in a DWI Treatment Court program and install an ignition interlock device in his vehicle upon his release from custody.

Acting DA Keane commends Lieutenant David Vogel and members of the Cheektowaga Police Department Accident Investigation Unit for their work in this investigation. 

The case was prosecuted by Assistant District Attorney Christine O. Murray of the Vehicular Crimes Bureau.

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