News

By Steve Plunkett

    The felony trial of former Ocean Ridge Vice Mayor Richard Lucibella will take place no sooner than midsummer.
    Assistant State Attorney Danielle Grundt and Lucibella’s defense attorney, Marc Shiner, both told Circuit Judge Charles Burton they could not be ready for a jury this month. Burton scheduled a calendar call in the case at 9:30 a.m. July 21.
    The trial’s original start date was April 10, too soon for Grundt and Shiner to question all the witnesses, they said.
    A motion Shiner filed on his and Grundt’s behalf said there are approximately 36 state witnesses. Seventeen depositions were scheduled and taken as of March 3, it said, but approximately seven witnesses failed to appear.
    And 13 more depositions were set for April 4, 5 and 6.
    Additionally, the motion said, Shiner anticipated questioning several witnesses on Lucibella’s behalf.
    “As such, the parties agree additional time is needed to complete discovery and prepare for trial,” he said in the motion.
Shiner also waived Lucibella’s right to a speedy trial.
    Lucibella, 63, is charged with two felonies — battery on a police officer and resisting the officer with violence — as well as a misdemeanor count of using a firearm while under the influence of alcohol. He has pleaded not guilty and said through his attorney that he is a victim of police overreaction.
    Ocean Ridge police went to his oceanfront home Oct. 22 after neighbors reported hearing gunfire. They confiscated a .40-caliber handgun and found five spent shell casings on the backyard patio.
    With Lucibella was one of the officers’ supervisors, Lt. Steven Wohlfiel. Both men were “obviously intoxicated,” the police said.
    They later determined the handgun belonged to Wohlfiel, who was fired for his role in the incident Jan. 4. Wohlfiel is appealing his dismissal.
    Lucibella resigned his vice mayor and town commissioner positions Dec. 7.
    Burton had set aside four weeks for the trial.