COURT HOUSE – The driver accused of killing two people with his vehicle, as a result of his allegedly reckless conduct behind the wheel, during an unsanctioned car rally that took over the streets of Wildwood last fall, filed a motion asking a judge to dismiss the indictment against him.
Gerald White, the defendant, seeks to have the 18-count indictment dismissed because, he claims, grand jurors weren’t properly vetted by prosecutors regarding any potential bias they may have based on their prior knowledge of the high-profile case or connection to any involved parties.
A hearing is set for June 8 in front of Judge J. Christopher Gibson in Cape May County Superior Court.
In a brief supporting the motion, filed by White’s attorney, Alfonso Gambone, it’s argued prosecutors didn’t inquire into grand jurors’ relationships with witnesses, victims, or the defendant and failed to inquire into their familiarity with media coverage of the case and if what they’d seen would prejudice the defendant.
In an interview with the Herald, Gambone acknowledged the prosecutor would likely just re-indict the case after conducting the proper voir dire (a preliminary examination of a witness or a juror by a judge or counsel), even if his motion is successful.
“He’s going to get indicted anyway, but it’s just kind of my way of saying, ‘I’m watching you,’” Gambone said.
He included news clips in his court filings with coverage of the incident from before the grand jury presentment in outlets including the New York Post, People, The Philadelphia Inquirer and more.
Chief Assistant Prosecutor Saverio Carroccia, the lead attorney on the case for the state, did not immediately respond to an inquiry from the Herald into the state’s position on the defense motion.
According to an official transcript of the grand jury proceeding, it was Chief Assistant Prosecutor Dara Paley, not Carroccia, appearing for the state that day.
White was arrested during the infamous H2oi car rally Sept. 24, 2022, in Wildwood, on charges of killing Lindsay Weakland and Timothy Ogden after a car he was allegedly operating while under the influence hit a Honda Civic, occupied by Ogden, and then continued onto the sidewalk and struck Weakland, a pedestrian.
White was indicted by a Cape May County grand jury Dec. 20, 2022, in an 18-count indictment, which included vehicular homicide and aggravated manslaughter charges.
Authorities claim White was intoxicated and driving at a high rate of speed when he was involved in the crash after 9 p.m.
Moments before things turned fatal, Wildwood police signaled for White to stop his car, according to an affidavit of probable cause in the case. However, authorities said White fled and made it about six blocks south on Atlantic Avenue before striking the Honda sedan and then eventually two pedestrians.
The second pedestrian, Giovanni Cianciolo, was transported to a hospital due to his injury but survived, according to a probable cause affidavit, and a second occupant of the Honda, Sarah Farmer, was also transported for injuries and survived.
White, a Pittsburgh, Pennsylvania, resident, has been held in the Cape May County Correctional Facility since Sept. 25 without bail.
White, 37, previously declined a plea offer of 44 years in state prison, subject to the No Early Release Act, meaning he must serve 85% – or about 37.5 years – prior to becoming parole eligible.
Gambone said that is way out of the range for what others in New Jersey have gotten for similar offenses. He told the Herald he is open to negotiations but will not accept anything close to 44 years in state prison for his client.
To reach Shay Roddy, email sroddy@cmcherald.com or call 609-886-8600, ext. 142.
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