COURT HOUSE – A jury will hear the results of a blood test given to Joshua Malmgren in the minutes following the July 31, 2012, accident that left cousins Nioami Lazicki, 15, and Ashley Dauber, 13 dead, according to a report in the Press of Atlantic City.
Malmgren, who was taken into police custody shortly after the crash, was found to have a 0.183 blood-alcohol content, authorities say. The legal limit is 0.08.
Superior Court Judge John Porto ruled April 29 that Middle Township police acted appropriately when they took Malmgren to Cape Regional Medical Center and had his blood drawn without seeking a search warrant.
According to the Press, Middle Township police Officer Brian Murphy told the court that he found Malmgren sitting under a tree near the scene on Bayshore Road at 9:17 p.m.
Murphy had Malmgren submit to a field sobriety test called the “walk and turn.” Malmgren was told to walk nine steps heel to toe, turn and walk back the same length.
Murphy said Malmgren had difficulty following his instructions. Malmgren’s eyes were bloodshot and his speech was slurred, Murphy said, and he swayed, leaning on a police car at one point. A video of the test was shown to Porto April 29.
Porto denied a request by the prosecution to increase Malmgren’s bail, but he imposed additional requirements on the current $400,000 bail amount.
Porto said Malmgren must undergo a mental-health evaluation and a drug and alcohol evaluation, and undergo weekly drug screenings at the courthouse starting April 30.
First Assistant Prosecutor Rob Johnson asked the judge to increase the bail because he had learned that on April 11, Malmgren had attempted suicide.
But Malmgren’s attorney said his client had never missed a court appearance or incurred any new charges since posting bail.
Defense attorney Ed Weinstock said Malmgren has also had his driver’s license revoked and has not driven since the crash.
Both sides agreed to move the start of the first-degree aggravated assault trial to Oct. 14. It had been previously scheduled to begin June 2.
For the Herald’s previous coverage, go to:
– http://goo.gl/3YMMfM
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