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UPDATED: Man Charged With DUI in Death of Two Teens Pleads Not Guilty

 

By Deborah McGuire

GREEN CREEK — Two teen-aged cousins were killed by an alleged drunk driver while they were walking on the shoulder of Bayshore Road. The driver, Joshua Malmgren, 30, of Villas, pleaded not guilty to all charges in Cape May Superior Court Thur., Aug. 2.
According to Robert Johnson, First Assistant Prosecutor for the Cape May County Prosecutor’s Office, Malmgren pleaded not guilty to all charges in his first appearance in Superior Court. Malmgren offered his plea before Judge Raymond A. Batten.
Johnson told the Herald the state also filed a motion to have Malmgren’s current $50,000 bail increased. That motion will be heard by Batten Mon., Aug. 6 at 1:30 p.m.
“The state will argue compelling evidence to have the bail increased,” said Johnson. “We will make those arguments on Monday.”
In addition to asking for an increase in bail, Johnson said the state is considering increasing the charges against Malmgren, who was initially charged with vehicular homicide. Based on evidence, Malmgren may be facing a first-degree charge of aggravated manslaughter. If convicted for that charge, Malmgren faces a sentence of anywhere from 10 to 30 years. He would be required to serve 85 percent of any sentence.
Malmgren was arrested after Middle Township police responded to a report of an accident at 14 Bayshore Avenue involving two pedestrians at 9:17 p.m. Tue., July 31. Upon their arrival on scene, police found the bodies of the two juvenile females.
An investigation of the accident revealed Malmgren was operating his vehicle, a 1992 Ford Bronco, eastbound on Bayshore Road. The vehicle traveled onto the shoulder of the roadway striking two of three juvenile girls who were walking eastbound on the shoulder of the roadway.
The two girls, Ashley Dauber, 13, and Naomi Lazicki, 15, were pronounced dead at the scene. A third girl, 14, was able to escape injury.
Malmgren was arrested at the scene and charged with two counts of death by vehicular homicide (a crime of the second degree), driving while intoxicated, reckless driving, failure to maintain a lane of travel and consumption of an alcoholic beverage by an operator of a motor vehicle.
Malmgren remains lodged in the Cape May County Correctional Center in lieu of $50,000 cash bail.
Investigation of the accident is ongoing. It is being conducted by the Cape May County Prosecutor’s Office Major Crimes and Crime Scene Units, Middle Township Police Patrol Division, Major Crimes Unit and Fatal Accident Unit.

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