PLYMOUTH — Justin Kilburn, 30, was before Judge Cornelius J. Moriarty, II, Tuesday, April 30, in Plymouth Superior Court at Plymouth for a final pre-trial hearing. His motor vehicle homicide trial starts Monday. The Kingston man is accused in the death of Diane Giordani, 52, of Plympton, and her German shepherd, Blitz, following a collision on County Road (Route 106) in Plympton, May 10, 2018.
Police determined that Kilburn was allegedly speeding 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.
Giordani and her dog died at the scene of the collision, say prosecutors and police.
The trial is expected to be jury-waived and last about three days, according to Jack Atwood, Kilburn’s Plymouth-based court-appointed defense attorney.
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 by the grand jury June 5, 2018.
The case is being prosecuted by Assistant District Attorney Russell Eonas.
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.