Trial of tow truck driver in fatal accident to begin

LYNN – A city man charged with motor vehicle homicide in a 2010 fatal accident on the Lynnway that engulfed a tow truck and a car in flames is scheduled to go to trial on Monday. Derek S. Gallien, of 1 Parkland Ave., was the driver of a tow truck that struck a Honda Civic from behind at the intersection of Hanson Street and Lynnway at approximately 4:30 p.m. July 30, 2010.Both vehicles caught fire but Gallien, the Civic’s driver and a front seat passenger escaped their vehicles with minor injury.Edward Ma, 23, of Lynn, was trapped in the rear seat of the Civic and died.Gallien, 26, was charged with motor vehicle homicide by negligent operation; failure to stop/yield; and speeding in violation of a special regulation; in January 2012.The occupants of the Civic said they were stopped at a red light when they felt their car struck from behind, according to a report by State Police Trooper Robert W. Navas.Gallien told police he was distracted by the onboard computer in the tow truck and when he looked back to the road it was too late to avoid a collision, according to police.The trial was scheduled to begin this Wednesday, but was continued to Monday, according to court documents.Lynn District Court Judge Stacey Fortes allowed several motions filed by Defense Attorney Peter Marano Wednesday concerning arguments in the trial. She also allowed a motion from the Commonwealth to allow no additional continuances for the trial.