Justin Kilburn, 30, stands in court at his latest appearance on Thursday, Dec. 13. (Photo by Abram Neal)
PLYMOUTH — Justin Kilburn, 30, was before Judge Cornelius J. Moriarty, II, Thursday, Dec. 13, in Plymouth Superior Court for a status hearing and a May trial date was assigned. The Kingston man is accused in the death of Diane Giordani, 52, of Plympton, and her German Shepherd, following a collision on County Road, Route 106, in Plympton May 10.
Giordani and her dog “Blitz” died at the scene of the collision after her vehicle was struck head-on by Kilburn’s truck, according to a previous release from Plymouth County District Attorney Timothy Cruz’s office.
Kilburn was indicted on one count of motor vehicle manslaughter by operating under the influence of alcohol and motor vehicle homicide by operating under the influence of alcohol June 5, according to the DA.
Several family members and friends of Giordani were present at the brief hearing, including her husband and sister.
The court selected two pre-trial hearing dates to address issues before trial, a March 1, 2019, status hearing and an April 30, 2019, final pre-trial conference. The court also set a trial date of May 6, 2019.
The judge, Moriarty, asked if this was the type of case that could be settled with a lobby conference, where both parties could agree on a disposition without going to trial.
ADA Russell Eonas responded that it was possible, but that the commonwealth would not be taking the vehicular manslaughter by OUI charge off-the-table.
The collision was investigated by Plympton Police, State Police detectives assigned to the DA’s office, the State Police CARS Unit and State Police Crime Scene Services. Police allege that Kilburn was driving his pickup truck at a high rate of speed, when he crossed the center line and struck the car driven by Giordani head-on. The investigation found that Kilburn had a blood alcohol content level of .17 percent at the time of the crash, according to the DA’s office.
Jack Atwood, a Plymouth-based defense attorney was appointed by the court to defend Kilburn.
Michael Giordani, Diane’s husband, when asked how he was after the hearing, said simply, “It’s a tough time of year.”
Kilburn remains confined at home with a GPS ankle monitor.