Sweet Tomatoes Fatal Crash Trial Begins With Opening Statements

NEWTON, MA — The trial of a man accused of killing two people after plowing his car into a Newton pizza shop in 2016, began Thursday. After opening statements several witnesses took the stand at Middlesex Superior Court, including a friend who testified that the driver hurriedly ended a phone call with him moments before the crash, saying “I have to go, I have to go, I have to go.”

The prosecutor for the Commonwealth painted the incident of criminal negligence focusing on the speed with which the driver, Brad Casler, 57, of Newton who is diagnosed with MS was driving. Casler's lawyer seemed to paint a picture of the crash as tragic accident spurred by a medical emergency.

“It was business as usual; the employees were going about their business, they were taking orders, they were serving their customers,” prosecutor Chris Tarrant told the jury. “They were waiting for food when, without warning, a silver SUV came crashing through the building that is Sweet Tomatoes at an extremely high rate of speed. That SUV killed Eleanor Miele and Gregory Morin.”

Miele's brother was in the courtroom, along with other witnesses to the crash and friends of the accused man.

Tarrant told the jury that Casler was on the phone when he drove his car into the restaurant, and that the person on the other end heard him say, "I gotta go, I gotta go, I gotta go," before hanging up.

Tarrant added that witnesses said the building shook, and many people saw Casler drive through the restaurant on March 1, 2016.

Casler's SUV went into a crowd of people, some chairs, a service counter and the pizza oven, Tarrant said. When first responders arrived, they saw the silver SUV in the building with Casler, mostly uninjured still inside.

Miele was lying next to the car, fatally wounded, Tarrant said, while Morin was pinned against a pizza oven and died from trauma to his head and abdomen. Several employees and patrons also suffered severe injuries.

The prosecuter said Casler originally said he was driving 20- to 25-miles an hour and that his brake pedal was stuck. He also told officials he had multiple sclerosis, but denied that was a cause.

Casler's attorney, Thomas Giblin, told the jury the case was "very painful and tragic."

"Lives have been lost, others have been damaged, and we can't change that," Giblin said. "Make no mistake, we are all deeply saddened by what happened with this accident."

The crux of the case, he said, has to do with the dictionary definition of "accident."

"Mr. Casler's car was out of control on the day of the accident; that's not in dispute," he said. "What's at dispute here is why it was out of control."

Giblin told the jury to consider what happened before the crash and that witness statements about what happened afterward were "largely irrelevant."

Giblin said Casler was on the phone moments before the crash, but he was using a hands-free Bluetooth device. He said there is no evidence his client could stop the crash or that he intended it.

"Because two fine people died and others are injured here does not mean someone is criminally liable," said Giblin.

Casler's driving record was not unusual, said Giblin.

"By all measures he's a good driver, a safe driver," he said. He added that no one had told Casler he should not be driving prior to the crash because of his diagnoses.

Casler had indicated in the case that he would plead guilty to the charges to avoid prolonging the tragedy. But in December 2017, when it appeared he would not be able to avoid jail time, he reversed course and said he would not plead guilty.

Casler was indicted in September 2016 on two counts of motor vehicle homicide and one count of operating a motor vehicle to endanger.

After a 15-minute sidebar at the beginning of the trial Judge Merita Hopkins at the Middlesex Superior Court had the indictments read in open court. Casler stood, fingers touching the desk in front of him, as he listened and the jury looked on.

Jury selection was completed Wednesday. The following day, 14 people filed into the court room, eight of whom were men. Thursday afternoon after hearing the opening statements, the jury took a bus to visit Sweet Tomatoes and see where the crash happened. When they came back five witnesses took to the stand to give testimony, including a college friend of Casler's who was on the phone with him just moments before the crash and a woman who ran into the restaurant and helped rescue a girl who was pinned to a wall.

Our reporter was there live-tweeting, click through to see more:

Subscribe to Newton Patch for more local news and real-time alerts.

Previously on Patch:

• Newton Sweet Tomatoes Case Pivot Brad Casler To Demand
• Sweet Tomatoes Crash: Driver 'Doesn't Deserve' To Go To Jail
• Newton Sweet Tomatoes Case Pivot Brad Casler To Demand Jury
• Newton Sweet Tomatoes Fatal Crash Trial Postponed

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