Photo credit: Tara Heath
GREEN BAY, WI (WTAQ-WLUK) – The trial for a man who allegedly struck and killed a boy with a vehicle in a driveway four years ago will start as planned with jury selection Friday, despite objections from the defense it needs more time to prepare for recently-admitted evidence in the case.
Matthew Georgia, 42, is charged with homicide by negligent operation of a vehicle for the Feb. 29, 2020, death of Christian Warzniak, 5.
The delay request was prompted by a Jan. 29 ruling by Judge Timothy Hinkfuss to allow evidence of “other acts” allegedly committed by Georgia. Georgia does not face charges for any of the incidents.
Defense attorney Shane Brabazon told the court he needs more time to investigate those incidents in order to prepare a proper defense. He requested the case be moved to the already-picked backup date of May 17.
“And Judge, frankly, I understand. Everybody in this courtroom, including my client, wants this matter resolved. But, we want it resolved in a way that’s fair and just to all parties,” Brabazon said.
District Attorney David Lasee opposed a delay, noting prosecutors filed the motion to allow the other acts evidence in September – giving the defense plenty of notice.
Judge Hinkfuss rejected the defense motion.
“I am not going to postpone trial. We are going to trial next week. We’re choosing a jury this Friday. The community, Mr. Georgia, the family, the victim, the police department – everybody wants to get this case done. And we are going to get it done. Next week, we’re going to trial,” Judge Hinkfuss said.
Jury selection is scheduled for Friday. Opening statements would start Monday. A five-day trial is scheduled.
It would have been the fourth time the case had been delayed. Jury trials were previously scheduled for Jan. 24, 2022; Nov. 7, 2022; July 17, 2023; and Jan. 26, 2024.
Georgia is the ex-boyfriend of Christian’s mother, Tara Heath. The three arrived at a De Pere home that night. Georgia and Heath were arguing.
At a preliminary hearing in 2020, De Pere police investigator Nathan Mrstik testified Warzniak got out of the vehicle while Heath was getting items out the truck, and then Georgia backed up – but did not know where Warzniak was at the time or that he could be in harm’s way, Mrstik said.
Warzniak was struck by the front passenger wheel.
The defense has argued the case should have been dismissed, saying nothing Georgia did rose to the level of criminal negligence.
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