30-year old Patrick Fitzgerald from the Town of Fenton is the man who struck and killed Aldo Rossi.
He's charged with DWI and a felony vehicular assault.
As Action News Reporter Julianne Sweeney tells us, investigators are still tracing his path before the crash.
30-year old Patrick Fitzgerald is in the Broome County Jail, under close observation in the medical unit.
The Broome Sheriff says that's not unusual in a case like this.
Fitzgerald's a bartender at the Relief Pitcher in Binghamton.
Sheriff David Harder says he believes Fitzgerald worked there Saturday night.
"He had been drinking that evening, and we're looking further into what exact places he's been to and where he's coming from." says Harder.
When Fitzgerald came to Route 7 in Port Dickinson Sunday, his path collided with Officer Aldo Rossi.
Rossi was working to help drivers avoid a tree down on the ramp.
"Officer Rossi parked his patrol car here on the off-ramp to block traffic. When he came over to talk to a driver parked on the side of the highway, that's when a second driver came from behind and fatally struck the officer."
The second driver was Fitzgerald.
The emergency lights on Rossi's parked patrol car were flashing.
But, Rossi was not wearing any reflective gear.
"It's a tragic situation. It's a tragedy for the community, for the police department." says Chief Sean Crouse, Port Dickinson Police Department.
Sheriff Harder says a breathalyzer test showed "very high" alcohol levels.
Still, investigators are waiting for the results of a blood test before revealing Fitzgerald's blood alcohol content.
In Port Dickinson, Julianne Sweeney, WBNG-TV, Action News.
Although the Broome Sheriff's office will continue investigating, the case will go to the District Attorney's Office.
It will decide how to proceed with any new charges.