Driver Pleads Not Guilty in Teens’ Deaths

COURT HOUSE – Before a packed courtroom, Joshua Malmgren, the 30-year-old Villas resident accused of allegedly driving under the influence and killing two teenaged girls as they walked down Bayshore Road the evening of July 31, 2012, appeared in the courtroom of Judge Raymond A. Batten to enter a plea of not guilty.
During the Jan. 3 arraignment on charges brought against him by a Dec. 11 indictment Malmgren, wearing handcuffs and an orange jumpsuit issued by the Cape May County Jail, was silent as his attorney, Brian Pelloni told the court his client was pleading not guilty to a Dec. 11, 2012 indictment charging Malmgren in the deaths of 15-year-old Nioami Faith Lazicki of Green Creek and her 13-year-old cousin, Ashley Paige Dauber of Philadelphia.
After entering the not guilty plea for his client, Pelloni asked Batten for an additional 60 days to “complete our investigation of the matter.”
Batten asked Prosecutor Robert Johnson if he had objections to a 60 day extension.
“I will leave it to your honor’s discretion,” replied Johnson, who told the court the charges included two counts of aggravated manslaughter.
Johnson told the court he did provide early discovery in the matter, “probably four or five months ago.”
The prosecutor added there was a second discovery packet with less information.
“Significant?” asked Batten.
“There is a lot in terms of the interviews that are on disc,” replied Johnson.
Members of both victims’ families, including the parents of both girls, sat in the courtroom dabbing their eyes during the proceedings. Nioami’s mother, Christina Lazicki-Gatson tightly hugged a framed photograph of her daughter to her chest throughout Malmgren’s appearance. Lazicki-Gatson, wearing a purple shirt in honor of her daughter, also clutched the crystal rosary beads that were wrapped around her daughter’s portrait.
Batten allowed an additional six weeks in order for the defense to review discovery. Malmgren’s next appearance in court is scheduled for Feb. 14 at 9 a.m. He remains lodged in the Cape May County Correctional Facility in lieu of $400,000 bail.