Driver to Serve Prison Time for Killing Passenger in McKinley Monument Crash

Modified: May 4, 2022 1:25pm

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4/21/2022

Erie County District Attorney John J. Flynn announces that 41-year-old Paul Tolbert, III of Buffalo was sentenced this morning before Erie County Court Judge James Bargnesi to an indeterminate sentence of 7 ½ to 15 years in prison.  

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.

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.

Judge Bargnesi found Tolbert 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) following a three-day bench trial in March 2022.

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.