Driver Involved In Fatal Crash Into Newton Pizza Shop Loses Appeal

NEWTON, MA — The driver of the car that crashed into Sweet Tomatoes pizzeria in 2016, killing two people, has lost his attempt to appeal two motor vehicle homicide convictions stemming from the incident, reported The Boston Globe.

The Massachusetts Appeals Court unanimously said Bradford Casler, 57, of Newton was properly convicted by a Middlesex Superior Court jury and that Superior Court Judge Merita Hopkins did not make legal mistakes while outlining the relevant laws to the jury.

Casler argued that the instructions Hopkins gave the jury during his trial should have further acknowledged the impact multiple sclerosis had on him at the time of the crash. However, the Appeals Court disagreed with him.

“The judgments of conviction of negligent motor vehicle homicide are affirmed,” says the court’s decision. “We see no error in the judge’s instruction. The defendant cites no case requiring that a jury be instructed on what he terms the ‘defense’ of sudden, unforeseeable medical emergency.”
Casler was first diagnosed with the chronic, progressive disease in 1986 and during the trial his lawyers argued none of his medical caregivers had told him to stop driving even as he reported to them an increasing loss of physical control.”

On Oct. 29, 2018, Casler was found guilty of two counts of motor vehicle homicide and one count of operating a motor vehicle to endanger in connection with the Sweet Tomatoes crash, which resulted in the deaths of Gregory D. Morin, 32, of Newton, and Eleanor Miele, 57, of Watertown and injured several others.

On the first count of motor vehicle homicide, Casler was sentenced to 2 1/2 years in the House of Correction, with two years to serve and the balance suspended for 15 years. On the second count of motor vehicle homicide, he was sentenced to 2 1/2 years with two years to serve. On the count of operating to endanger, he was sentenced to 15 years probation.

Casler has since completed his incarceration, according to officials. The Appeals Court also decided to uphold his 15-year probation and dismiss his conviction of negligent operation of a motor vehicle to endanger, as they said it was duplicative of the motor vehicle homicide charges.