• John Cole leaves the Saratoga County Courthouse during a break in his trial Tuesday March,6 2018 in Ballston Spa, N.Y. (Skip Dickstein/Times Union) Photo: SKIP DICKSTEIN / 20043144A
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John Cole leaves the Saratoga County Courthouse during a break in his trial Tuesday March,6 2018 in Ballston Spa, N.Y. (Skip Dickstein/Times Union)
John Cole leaves the Saratoga County Courthouse during a break in his trial Tuesday March,6 2018 in Ballston Spa, N.Y. (Skip Dickstein/Times Union)
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Scott Shapiro, top, and wife Deann Shapiro, of Cohoes, a victim of car crash who is now a quadriplegic, outside Saratoga County Court Thursday March 8, 2018 in Ballston Spa, NY. (John Carl D'Annibale/Times Union) less
Scott Shapiro, top, and wife Deann Shapiro, of Cohoes, a victim of car crash who is now a quadriplegic, outside Saratoga County Court Thursday March 8, 2018 in Ballston Spa, NY. (John Carl D'Annibale/Times ... more
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BALLSTON SPA - A defense expert witness testified Wednesday that he believes John W. Cole's BMW was struck by an object moments before it crashed on Sitterly Road and left a passenger paralyzed.

Bradford Silver, who has worked for State Police, testified that car damage was "consistent with something striking the right side of she vehicle" as the car moved.

Silver also testified, under questioning by Cole's defense attorney, Cheryl Coleman in Saratoga County Court, that his research showed Cole was "appropriately responding" to the situation when he crashed.

And he testified that based on damage, he believes Cole crashed into trusses in a construction zone as not a tree, as the prosecution contends.

His testimony came as closing arguments were expected for Thursday in the case before County Judge James A. Murphy III.

During cross-examination by Assistant District Attorney Katherine DeMartino, Silver acknowledged he had not taken a class in crash reconstruction since 2000.

He also said, when questioned, that the extent of his work into wheel damage on Cole's involved speaking to technicians at Keeler BMW, a local dealership.

The prosecutor asked Silver if he had taken training about the specific mechanic components of a vehicle. He said he had not.

Prosecutors say Cole, 53, the owner of the Cole's Collision auto repair chain, drove drunk, was speeding and crashed his 2015 twin-turbocharged coupe into a tree on Sitterly Road in Halfmoon on March 11, 2017 after midnight. Inside the vehicle were Cole's wife, Regina, and back seat passengers Scott Shapiro and Deanna Shapiro.

Deanna Shapiro suffered catastrophic injuries in the crash and is now a quadriplegic.

Cole is charged with second-degree assault, vehicular assault, driving while intoxicated and reckless driving.