Two to Six Year Sentence for Guilty Man in 2004 Sprain Brook Parkway Death

Alberto Plasencia, 28, of Yonkers has been sentenced to ”an indeterminate term of 2 to 6 years in prison” for his role in the killing of 48-year-old Marie McSweeney, who died in 2004 after her car was struck by a thrown chunk of asphalt while she was driving on the Sprain Brook Parkway.

Plasencia, who threw the asphalt from the Kimball Avenue Bridge, was arrested in January 2013 and pleaded guilty in June of this year. McSweeney was struck in the head and crashed; she driving with her 87-year-old mother in the passenger seat.

Below is the press release from Westchester County District Attorney Janet DiFiore announcing the sentence:

Westchester County District Attorney Janet DiFiore announced that Alberto Plasencia (DOB 07/19/86) of 611 Bronx River Road, Yonkers New York was sentenced today to an indeterminate term of 2 to 6 years in prison on his June 2014 guilty plea to:

• one count of Manslaughter in the Second Degree, a class “C” Felony,

relating to the 2004 death of Marie McSweeney.

On April 24, 2004, between 4:15 and 4:30 p.m., on the southbound Sprain Brook Parkway in the area below the Kimball Avenue Bridge, the 48 year old victim, with her 87 year mother in the front passenger seat, was struck by a large piece of asphalt 10” x 7” x 3” that crashed through the driver’s side windshield of her car. The asphalt struck victim on the left side of her head.

The car traveled about one third of a mile veering onto the right shoulder for 800 feet, striking a shoulder guardrail support beam, veering back onto the shoulder, traveling across area of Bronx River Parkway split and ultimately into wooded area near the Desmond Ave off ramp.

Both the victim and her mother were transported to Jacobi Hospital.

Marie McSweeney pronounced dead at the hospital.

Numerous witnesses traveling on the parkway saw various aspects of the crime.

Yonkers police responded and investigated the incident at the time.

In 2009, based on new information developed, the Westchester County District Attorneys office and Yonkers homicide and Cold Case detectives reopened the case, putting significant resources into the investigation.

The defendant was subsequently arrested by Yonkers Cold Case detectives.

The defendant surrendered for sentencing on June 17th, 2014.

Assistant District Attorney Christine O’Connor and Assistant District Attorney Shameika Mathurin of the Superior Court Trial Division prosecuted the case.