Judge Finds Driver Guilty on All Charges for Crashing into McKinley Monument, Killing Passenger

Modified: March 14, 2022 3:32pm

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3/10/2022

Erie County District Attorney John J. Flynn announces that Erie County Court Judge James Bargnesi has found 41-year-old Paul Tolbert, III of Buffalo guilty of one count of Manslaughter in the Second Degree (Class “C” felony), one count of Vehicular Manslaughter in the Second Degree (Class “D” felony), and one count of Criminal Possession of a Controlled Substance in the Seventh Degree (Class “A” misdemeanor). Judge Bargnesi rendered his decision this morning following a three-day bench trial.

On Thursday, November 26, 2020, at approximately 7:30 a.m., the defendant was driving a minivan at a high-rate of speed southbound on Delaware Avenue when he crashed the vehicle into the McKinley Monument in Niagara Square in the City of Buffalo. His passenger, 34-year-old Angel Marie Cobb of Buffalo, was killed in the crash.

The defendant was taken to ECMC to be treated for various injuries. He was found to be under the influence of cocaine and fentanyl at the time of the crash.

During course of the investigation, a small bag containing white powder was found in the defendant’s clothing. The substance was tested and determined to be fentanyl.

Tolbert faces a maximum of 15 years in prison when he is sentenced on Thursday, April 21 2022 at 10:00 a.m. He continues to remain held without bail.

DA Flynn commends the Buffalo Police Department Accident Investigation Unit for their work in this investigation.

The case was prosecuted by Chief Paul J. Glascott and Assistant District Attorney Christine O. Murray of the Vehicular Crimes Bureau.