Attorneys for Tony Steven Dane, the food truck driver charged in the death of a 39-year-old Ashburn woman during a crash last year, sought to move his trial to another jurisdiction. That motion, along with two other defense requests, was denied in Circuit Court on Tuesday.
A three-day trial in the case is scheduled to begin March 19.
Dane’s attorneys argued that publicity in the case, especially reports of unrelated criminal charges he faced in Nevada, would impede efforts to seat an impartial jury. Prosecutors dismissed the claim, noting that the case received news coverage similar to other cases that proceeded through the judicial system without undue impact.
Dane was the driver of the food truck that struck and killed Erin T. Kaplan and seriously injured three of her family members Sept. 8, 2017. Dane was driving on Watson Road and failed to stop at the Evergreen Mills Road intersection, hitting Kaplin’s Audi broadside.
He is charged with involuntary manslaughter, reckless driving, driving without an operator’s license (repeat offense), driving without insurance and failure to get the vehicle inspected. The involuntary manslaughter charge carries a maximum sentence of 10 years in prison. Dane has also been served with a civil lawsuit by the Kaplan family seeking $10 million in compensatory damages.
The defense attorneys also sought to block from the evidence presented at the trial video footage recorded by a Loudoun County school bus showing the food truck passing while the bus was stopped on Watson Road to let students off. That motion, too, was denied. Also denied was a motion seeking to compel prosecutors to provide details about evidence they planned to introduce at the trial.