Marine Accused Of Murder Must Remain In Jail, NJ Judge Rules: Report

FRANKLIN TOWNSHIP, NJ — A Marine Corps reservist awaiting trial for the shooting death of a man in a Franklin Township bar parking lot will remain in jail, judges ruled.

Appeals court judges reversed an earlier decision allowing Walter J. Gilliano to be released from jail, according to NJ Advance Media. Gilliano, 25, is accused of shooting and fatally injuring 31-year-old Chad Stuart after an argument outside of Villari's Sports Bar on September 24. Read more: Murder Charge Filed After Man Dies In Franklin Township Bar Shooting

Superior Court Judge Linda Lawhun had ordered his release before trial, the report said. Lawhun cited Gilliano's membership in the U.S. Marine Corps Reserves and his lack of a previous criminal record as factors for approving release, the NJ.com report said.

The Gloucester County Prosecutor's Office filed an appeal of that decision. Appellate division judges said Gilliano's behavior posed a risk to the community, and that Lawhun "made a clear error in judgment by ordering his release," according to NJ.com.

Gilliano, of Franklinville, faces a murder charge in addition to criminal attempt murder, aggravated assault with a deadly weapon, possession of a weapon for an unlawful purpose, and unlawful possession of a weapon, officials said.

A GoFundMe for Stuart's family, legal costs, and funeral fees has raised more than $15,500. He lived in Clayton, officials said.

Gilliano and Stuart knew one another, officials said, and had a fight before the shooting outside the bar on Coles Mill Road. A witness told police he was in the parking lot with Gilliano and Stuart after the bar closed at 2 a.m., according to the affidavit of probable cause filed with the murder charge.

The two began arguing, the witness said. Gilliano left the area after telling Stuart and the witness they "better be gone" when he came back, according to the affidavit.

When Gilliano came back, he had a gun and brandished it at Stuart and the witness, the affidavit states. The witness said they had a short conversation, and then Gilliano shot Stuart in the forehead, at which point the witness said he ran away for fear of being shot next.

Gilliano called 911 and said he had shot someone in the head and was performing CPR, according to the affidavit. Officers arrived at around 4:42 a.m. to find him giving aid to Stuart, police said. Gilliano remained at the scene after the shooting, officials said.

Officers found a Glock 19 and a .9mm bullet casing at the scene, according to police.

Gilliano remains in the Salem County Correctional Facility, records show.

A spokesperson for the United States Marine Corps told Patch that Gilliano is enlisted in the Marine Corps Reserve as a corporal. He is stationed at Joint Base McGuire-Dix-Lakehurst as a helicopter mechanic with Marine Light Attack Helicopter Squadron 773.