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Trial Upcoming for Alleged Hit, Run Boater

Anthony Digilio trial date had been moved from last fall

The trial of a Brick Township man charged in a fatal boating accident in Aug. 2008 is set to begin soon after being pushed back from the fall, officials said.

Anthony Digilio, now 33, is facing charges of vehicular homicide and assault after authorities say he fled the scene of a late-night boating accident near Gunner's Ditch at the mouth of the Metedeconk River and Barnegat Bay.

Jury selection in the case is currently scheduled for March 26 with the trial expected to begin April 2, said Senior Assistant Ocean County Prosecutor Hillary Bryce.

"We're hoping, looking at it, that it will be done in the month of April," Bryce said.

Delays in taking the case to trial have been due to Digilio's attorney, Joseph Tacopina of New York City, being busy with other cases there, said Bryce.

Robert Post, a 49-year-old Essex Fells resident who was piloting a 17-foot Boston Whaler, died in the accident which occurred when his boat collided with Digilio's. Several other people were injured, two seriously.

After the accident, authorities began hunting for the second boat involved.

On Aug. 5, 2008, authorities seized Digilio's 27-foot Imperial performance boat, which they said had been involved in the crash. At the time, Digilio's then-attorney William Cunningham told the Newark Star-Ledger that his client hit something that night, but was not sure what it was. Cunningham said Digilio stopped the boat, did not hear or see anything, then proceeded on his way, an article published in the newspaper said.

If convicted, Digilio faces 10 years behind bars for the vehicular homicide charge and 18 months each for the two assault by vessel charges.

On Anononon February 11, 2013 at 10:31 PM
He is.
On Anononon February 11, 2013 at 10:32 PM
You're right. He only "changed his mind" AFTER daddy had the boat scrubbed and repaired.
clamdigger February 11, 2013 at 11:02 PM
this article says that the boat was seized by authorities but does not mention that it was the father that reported to the authorities this may have been the boat involved. if they were looking to cover up anything, they could have not said anything, waited it out to see if police came looking for the boat. one question will be what does the girlfriend remember about the accident and is she still to be found around here.
clamdigger February 11, 2013 at 11:21 PM
the accident happened 8-3-08 @ 1am, the boat was taken from the father's house on 8-4-08 after the father reported this may have been the boat involved and according to the report; "The speed boat shows signs of damage consistent with a collision, but police were still trying to piece together exactly what happened during the 1:14 a.m. crash on the Metedeconk that killed Robert Post, 49, and injured four others." http://www.nj.com/news/ledger/topstories/index.ssf/2008/08/state_police_may_have_boat_in.html this article was posted 8-5-08 @ 12am.
Wrongly accused February 12, 2013 at 12:04 AM
John did nothing wrong. The victim was drinking and charges should be dropped.
clamdigger February 12, 2013 at 12:36 AM
some more articles to refresh the post accident news events; http://www.nj.com/news/index.ssf/2008/08/state_police_seize_speed_boat.html http://www.nj.com/ocean/index.ssf/2012/09/widow_struggles_with_scars_from_08_speedboat_crash_as_long-delayed_trial_looms.html http://www.youtube.com/watch?v=rEddMcBDY4k
Pirate of the new age February 12, 2013 at 12:55 AM
Wrongly Accused, you are out of your mind, where is an account of this? His speed and lack of discretion are at fault, not the inability of a vessel to get out of the way. The fact that he couldn't avoid a collision with a 14ft vessel is enough to put him away. That fact that it took this long to go to trial is utterly reprehensible. Maybe you should look that word up Wrongly!
SadStory February 12, 2013 at 02:45 AM
You have GOT to be kidding. Running int a 14ft vessel, killing a man, and seriously maiming 2 others. And he did NOTHING wrong?? I have sailed, boated and relaxed on that river for 47 years, and THIS is an abomination. A spoiled, pitiful, worthless, irresponsible idiot who has not and CANNOT take responsibility for his own actions - and probably never will. I pity you Anthony Digilio - you're an uneducated sorry excuse for a man.
Robert Marshall February 12, 2013 at 02:54 AM
Wrongly Accused, your friend or cousin or whatever relation he is to you, is a murderer. His mob family has kept this trial at bay. Lets hope the system works and justice is served. Anthony Digilio, if you read this or your now wife, then girlfriend, who you married so she couldn't testify reads this; I hope that every time you close your eyes at night or if you ever look your in your children's eyes at night your mind weighs heavy that you killed a wonderful famy man and a wonderful person and then lied about it. Sleep on that you coward.
SadStory February 12, 2013 at 03:08 AM
girlfriend is now WIFE, and cannot testify... pretty convenient, don't you think?
SadStory February 12, 2013 at 03:10 AM
and boat hidden in a garage.... Hmmmmm. I wonder why - in the middle of August. Hmmmmm.
clamdigger February 12, 2013 at 03:56 AM
not condoning the incident, just responding to "On Anonon's" comment about the father having the boat repaired and the "cover-up". in one of the articles I posted it does mention the point I mentioned they could have said nothing since "The victims were unable to describe the boat that hit them, police said, although one of the victims was able to call 911 to report the accident." http://www.nj.com/news/index.ssf/2008/08/state_police_seize_speed_boat.html "With no eyewitnesses, DiGilio’s involvement could have gone undetected, but he did the “morally responsible and legally correct thing” by coming forward, Tacopina said. “If he never said a word, there would be no resolution to this case" http://www.nj.com/ocean/index.ssf/2012/09/widow_struggles_with_scars_from_08_speedboat_crash_as_long-delayed_trial_looms.html this is a bad situation considering the circumstances and those involved, we will probably never really know the real story. another comment from the above link; " prosecutors say the delays were unavoidable because of the complications of investigations involving boat crashes and the few experts in the country who can reconstruct them without independent eyewitnesses." again, not defending the operator of the speed boat, just making observations from the news released from that time. Unfortunately this isn't an auto accident that has other evidence at the scene and can be easily reconstructed.
Karl February 12, 2013 at 02:02 PM
Wrongly Accused? Who was the one who was drunk The gentlemen who was killed, followed all the rules, going slow, bright light on...You are a liar and your friend needs to go to the "big house" for a long time.
mythbuster February 12, 2013 at 02:22 PM
The girlfriend is now the wife, so cannot be forced to testify against her husband. They have several children now, as their life has gone on and there has been little or no consequences.
mythbuster February 12, 2013 at 02:26 PM
John who? The man that is accused of killing Bob Post is Anthony DiGiliio. What evidence do you have that the victim was drinking?
South End February 12, 2013 at 03:44 PM
Reading the article I was thinking "They should have pressured the girlfriend, they could have cracked her". Gues that option is off the table now.
Spooner February 12, 2013 at 04:24 PM
The defense will put the blame on the pilot of the craft that was hit, based on the rule of the sea/air: that both pilots need to navigate and control their craft to avoid colliding with one another. They will put the onus on what Post did to avoid collusion. . .so if he was preoccupied with his wife and friends on the boat and not paying attention by keeping look out around him, then he will be at fault by not stopping and/or changing course to avoid collision. If as it's alleged, that Digilio's boat was traveling at a high rate of speed, then the operator and his passengers should have heard the boat coming onto them and took evasive action.The prosecutor will try to prove that it was Digilio who was at fault...
clamdigger February 12, 2013 at 06:50 PM
SadStory; the report was that the speed boat was taking on water. I don't know much about boats but the last place I would think you want to keep a boat that is taking on water is "in" the water. does it smell like hiding something, sure it does but a lot of speed boats are very expensive so maybe this is a garage for the boat to keep it out of the weather, after all the boat itself was 27' so w/ a trailer it has to be over 30' long, that's a darn big garage.
On Anononon February 12, 2013 at 08:09 PM
"Should have heard the boat?" Really? The rules of the sea are dictated by sight, not sound. If you know the area where this occured, the pilot of the craft that was struck would have had almost no chance to get out of the way. He was traversing the neck of the channel north when Digilio approached the same neck from the south but then made a hard turn to starboard to head down the Metedeconk. Even if the pilot of the struck boat saw him, he would have no time to get out of the way. According to the original news reports, the pilot knew those waters and had done many evening cruies and be all accounts, was doing it right.
clamdigger February 12, 2013 at 11:01 PM
"The rules of the sea are dictated by sight, not sound" then why are compressed air horns used today to replace fog horns? "That moonless night was so dark, Post said, they could see shooting stars on their ride up the river" "The whaler was slowly cruising at the eastern edge of the Metedeconk River at the mouth of Barnegat Bay, Post recalls. At the same time Anthony DiGilio, then 29, was speeding through the same narrow strait of water, called Gunner’s Ditch, in his 27-foot-long powerboat. The next second, the powerboat ripped a 4-foot-wide chunk from the Boston Whaler’s starboard side. "At first, the survivors aboard the smaller boat had no idea what hit them. No one heard or saw another boat approaching." "Correction: The original version of this article reported an incorrect location of Robert Post's boat at the time of the crash and attributed the location to the victim's widow, Bonnie Post. She did not say the boat was cruising in a no-wake zone. She said the boat was "planing" at the confluence of the Metedeconk River and Barnegat Bay" http://www.nj.com/ocean/index.ssf/2012/09/widow_struggles_with_scars_from_08_speedboat_crash_as_long-delayed_trial_looms.html part of this article seems a bit off, on one hand it says the Whaler was cruising slowly and in the correction it says the whaler was planing", can a boat be planing and cruising slowly at the same time? to me cruising slowly means the entire hull is in the water not up like when planing.
Spooner February 13, 2013 at 02:52 AM
...well as 'claimdigger' stated: the Whaler was on plane, heading in the same direction that Digilio had just came from(Pt Pleasant Canal) and according to the newspaper: Post claimed he had a spot light on at the bow of the boat, mean while again according to the newspaper: an eye witness said Digilio didn't have his running lights on. Digilio's attorney said otherwise. Statements made to various authorities(SP, Brick Police, NTSB, etc) by survivors will be cross examined in Court. The person claiming that Digilio did not have his running lights on will also be subpoena and cross examined. . .and maybe even you...who now claims that Digilio "made a hard right turn", should make your name known to the prosecutor. If those running lights were on, then between the noise of the speed boat and the running lights, Post should have seen him and backed off the throttle as a precautionary measure to give himself more maneuverability. . .it's not like Digilio was going to put his flasher on signaling a right turn.
Revolution February 15, 2013 at 05:57 PM
he is innocent.
On Anononon February 15, 2013 at 10:02 PM
And you're ignorant.
Sharkey-Images February 20, 2013 at 04:32 AM
Not taking sides here but it is really sad to see the posts here that already have a person convicted before the jury is even selected. I would take a wild guess that no one here witnessed the accident. I am curious to hear the details of the case as well. I don't ever remember seeing the Blood Alcohol test results being published of the people on the Whaler ? It seems everyone would like to assume these were the only 2 boats out on the water that night. Well, being as the area this happened, you can come from 4 directions. 3 out of 4 of those directions are covered by Bridge Cameras. Sure would be nice to see the Video footage from those to see if another boat besides these two were out there. Just a thought here.... If a larger vessel hit the Whaler 1st and then the accused hit debris of the Whaler, I guess you can say the accused was involved to some extent. I saw both boats on land after the accident. I am having a difficult time believing that the accused boat went through another boat. I will wait for the trial to hear what evidence they have of that. In my opinion, the only damage I saw on the accused boat was what appeared to be trailer damage. And anyone that has ever missed the bunks or rollers on a trailer while loading knows exactly what that type of damage looks like... There were no visible marks on the port side which would be really tough not to have if it went through the side of another boat + cut a V into the whaler.My prayers go out to both families.
Tony February 21, 2013 at 04:02 PM
Too many people are convicted in the press knowing only minimal facts. I agree that we need to let all the evidence be presented and let our justice system do its job.
johny9179 February 27, 2013 at 01:17 AM
I dont know a whole lot about boating but if I hit something I would want to get it out that night oppose to getting it off the bottom of the river the next day. just saying
Tiretester March 24, 2013 at 02:17 PM
yes his nephew. John was daddy's brother!
Tweedy Bird March 24, 2013 at 06:49 PM
The mobster's lawyer: "I can't stand him," said one prosecutor, pointing out that Tacopina also sprung Natalee Holloway suspect Joran van der Sloot and Thomas Wiese, an Abner Louima cop. "He's slick, he's got a big ego, and he'll represent any scumbag."
Excellent memory March 25, 2013 at 12:49 AM
The trial starts on April 3 at 9:00 am at the Ocean County Court House, 120 Hooper Avenue, Toms River. For those of us that live in the area and know those injured and lost in this terrible accident, the wait of over 4 years for this trial has been a terrible injustice. The accident itself was a travesty, but the act of leaving the scene following a horrific collision leaving terribly injured people is a criminal act, nothing less than a hit and run. If it not been for a cell phone on board, it is likely others may have died that evening. I look forward to the jury hearing the evidence and bringing forth a verdict. I encourage anyone interested, to attend some part of the trial to demonstrate that while 4 years have passed, our deep feelings about these proceedings and justice is as strong as ever.
Sharkey-Images March 28, 2013 at 04:09 AM
It only took the Asbury Park Press 5 months to publish the photos from the Mantoloking Bridge from the night of Hurricane Sandy . Where are the photos or video from the Bridge cameras 30 minutes before and 30 minutes after the accident occurred August 2008 ??? I am sure the Canal Bridges, the SMP Station, the Beaver Dam and the Mantoloking Bridge Cameras together could paint a complete picture of who was where and when on that night ...


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