Driver in 2023 Fatal Crash Guilty of Vehicular Homicide

 

Gilberto Franciapena, 31, pleaded guilty on Dec. 12 to motor vehicle homicide in a fatal incident in 2023.

 

The defendant was sentenced to two years' probation, a loss of license for 15 years, and 100 hours of community service. The commonwealth requested a two-year suspended sentence and loss of license for 15 years.

 

Franciapena was eastbound on the Massachusetts Turnpike at about 8 a.m. on April 20, 2023, when the red 2011 Chevrolet Tahoe he was driving flipped at about the 1.8-mile marker in West Stockbridge. 

 

There were five occupants in the vehicle. Four of the occupants, including Franciapena, were transported to Berkshire Medical Center in Pittsfield. They were treated and released. The fifth individual, Marco Tulio Rivera Claros, 38, was pronounced dead at the scene. 

 

The men were reportedly traveling from New York State on their way to a drywall job in Becket and would have gotten off on the next exit. Police say Franciapena was not impaired at the time of the collision. He was initially cited for motor vehicle homicide by negligent operation, crossing marked lanes and negligent operation of a motor vehicle.

 

Assistant District Attorney Johnathen Moffat represented the commonwealth with support from Joseph Yorlano, chief of the Motor Vehicle Homicide Unit.