Prosecutors appealed a judge's order that a man charged in a fatal shooting outside of a bar be released while he awaits trial.
In appealing a judge’s order that a Gloucester County man charged with murder should be released from jail to await trial, prosecutors argue that the judge abused her discretion in reaching that conclusion.of Chad Stuart, 31, outside of Villari’s Sports Bar in Franklin Township.Prosecutors argued the killing was intentional and premeditated and that Gilliano poses a risk to the public if released.
During the evening, Gilliano and his friends “had an issue with the victim” and “did not like the way he was acting,” according to prosecution filings. By they end of the evening, however, Stuart, Gilliano and the witness were drinking together and getting along, and continued hanging out in the parking lot after the bar closed.
Gilliano then “racked the gun, ejecting a live round which fell to the ground,” according to court documents. Gilliano then took the magazine from the gun and handed the empty weapon to the witness so that he could retrieve the ejected round, prosecutors said. Gilliano’s attorney, Christopher St. John, suggested the shooting was the result of an “accidental discharge” more in line with a reckless manslaughter charge rather than a murder charge.
The prosecutor also argued that Lawhun placed “undue emphasis” on Gilliano’s military service and community ties and failed to properly consider the concerns raised by the state. “Although any murder involves dangerous circumstances, the facts of this case particularly support the concern that the defendant is a danger to the public at large,” Anton argued, calling the shooting premeditated and cruel.
“Clearly, there is either a mental health or emotional health issue that Mr. Gilliano could not control in that situation and in that moment he took someone else’s life,” she said. “The state doesn’t see that there’s any way to protect the community from that lack of control that Mr. Gilliano exhibited.”