Malmgren

Joshua Malmgren is charged with vehicular homicide in the death of two teenagers in Middle Township. 

Dale Gerhard

CAPE MAY COURT HOUSE — No trial date has been set in the aggravated manslaughter case against a Lower Township man charged with killing two girls with his car as they walked along Bayshore Road.

Defendant Joshua Malmgren appeared in court Thursday afternoon as defense attorney Brian Pelloni and First Assistant Prosecutor Rob Johnson determined when they could move forward with several pre-trial motions.

Superior Court Judge Patricia Wild set Malmgren’s next court dates for Aug. 6 and 7 to allow for oral arguments on defense motions to dismiss the indictment and to seek a change in venue and the state’s motion to include evidence of habit at trial.

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Johnson said after the hearing that he could not discuss details of the motion at this time, while Pelloni said it was his firm’s policy not to discuss ongoing cases.

Johnson said a trial could take place possibly in late fall. No plea negotiations are ongoing, and Malmgren would face between 10 and 30 years in prison if convicted.

The victims — cousins Nioami Lazicki, 15, of Middle Township, and Ashley Dauber, 13, of Philadelphia — were walking along the road in Middle Township at about 9:15 p.m. July 31, 2012 when they were struck by Malmgren’s SUV.

Both girls died at the scene across the street from the Green Creek firehouse. Lazicki’s home is just about a half-mile away.

Lazicki’s younger sister, Farrahanne, then 14, was also with them, but she but was able to get out of the way of Malmgren’s vehicle.

Prosecutors say Malmgren, 31, was driving drunk when he hit the two girls.

He was indicted on the two first-degree charges in November and entered not guilty pleas Jan. 3.

The parents of both girls as well as other family members were in the courtroom Thursday as Wild scheduled the matter.

Malmgren, who remained lodged Thursday afternoon in the Cape May County jail in lieu of $400,000 bail, did not speak.

Contact Trudi Gilfillian:

609-463-6716

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