Newton Sweet Tomatoes Crash: Casler Trial Set For May

NEWTON, MA — In an about face, rather than pleading guilty as his attorney had indicated he would do, the man accused of slamming his Volkswagen into a Newton pizza restaurant killing two people and injuring seven others was in court again Friday morning but this time, to schedule a jury trial for May 2018 instead.

"He's been in jail in his mind since the day of this incident," said his attorney Thomas Giblin after the hearing. "There are few people that I've ever represented who are that sympathetic and as sensitive as he is. And believe me there's nobody that regrets what happened that night more than him."

Earlier this year, Brad Casler, 56, who is diagnosed with MS, was planning to plead guilty to the 2016 crash. Giblin told Patch that Casler had no desire to force a long drawn out trial. Casler's attorney was pushing for no jail time. The prosecution was pushing for at least 2 and a half years of jail. The judge after hearing from friends and family and medical experts said he would recommend two years of jail time.

Thus the change of plans. "It's not that my client wants to avoid jail time. It's that my client does not deserve to do any time," said Giblin Friday morning.

"The definition of justice requires that there be some culpability, which I think there is none... It is a horrible, horrendous accident and we see them every day. It could be any one of us having a heart attack," said Giblin.

Casler's lawyer said complications with MS had something to do with the crash, but prior to the crash no doctor had ever indicated to Casler that he should not be driving.

Casler is facing two counts of motor vehicle homicide, as well as a charge of operating to endanger.

Prosecutors recommend two-and-a-half years for each motor vehicle homicide charge, 15 years of probation for the driving-to-endanger charge; loss of his licence and that he perform 200 hours of community service. Casler's attorney is pushing for six months house arrest with GPS monitoring; suspending his driver's license for life; and 200 hours of community service.

Greg Morin, 32, of Newton and Elanor Miele, 57, of Watertown were both killed when Casler drove his car into the restaurant on March 1, 2016. It was closed for more than a year. It recently reopened, but with new protective barriers designed to keep such a thing from happening again.

Watch what Casler's attorney had to say after Friday's hearing:

Previously on Patch:

Newton Sweet Tomatoes Case Pivot Brad Casler To Demand

Sweet Tomatoes Crash: Driver 'Doesn't Deserve' To Go To Jail

Sweet Tomatoes Case: Hearing Set

Newton Sweet Tomato Crash Case: Judge Hears Medical

Newton Sweet Tomatoes Crash Case: Tears As Victims

(For more information on this and other neighborhood stories, subscribe to the Newton Patch to receive daily newsletters and breaking news alerts.)

[Photos: Brad Casler and his Attorney Thomas Giblin leave court Friday, Dec. 22 in Woburn. By Jenna Fisher/Patch]