Sweet Tomatoes Crash: Driver shouldn't get jail time, attorney says

NEWTON, Mass. — It’s been a long road to get to this point, but the driver involved in a deadly crash inside a Newton pizza shop is headed for trial.

Brad Casler is accused of causing the crash at a Sweet Tomatoes restaurant that killed two people and injured several others.

The prosecution and the defense just couldn't agree on an appropriate sentence for a plea deal, so Casler’s attorney has elected to take it to trial.

For more than a year, attorney Tom Giblin tried to negotiate a deal that would have kept his client out of prison. But Giblin said prosecutors were unwilling to take jail time off the table.

"We tried, but he's not doing jail time because first of all, physically and mentally he cannot. And secondly, I just personally don't think this case should be considering jail time,” Giblin said.

Investigators say Brad Casler was speeding back in March 2016, when he plowed into the front of a sweet tomatoes restaurant. Gregory Morin and Eleanor Miele were killed.

Prosecutors charged Casler with two counts of motor vehicle homicide. Giblin says his client suffers from multiple sclerosis, and a medical emergency caused him to lose control.

"It will be shown very quickly and the commonwealth knows it. Everybody is on notice that he has multiple sclerosis. You look at him, you can see that. But his health issues are going to be the crux of the case," Giblin said.

We tried to speak with District Attorney Marian Ryan about the decision to try the case, but she was unable to go into specifics.

“That case is still pending and unfortunately the rules prohibit us from having a discussion,” Ryan explained.

Giblin says Casler still feels awful about the crash.

"He still doesn't sleep because of this. I know that that may be of no solace to the victim's families and certainly we feel horrible about it, but it's an accident,” Giblin said.

Jury selection begins in less than two weeks.

MORE: Sweet Tomatoes crash: Casler too sick for prison, attorney testifies

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