Marin teen Max Wade, who is accused of stealing celebrity chef Guy Fieri's yellow Lamborghini and an attempted shooting in Mill Valley last year, will not be able to receive a fair trial in Marin due to the amount of media attention surrounding the case, his attorney argued Tuesday in Marin County Superior Court.
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Charles Dresow filed a motion asking for a change of venue for Wade's trial. The San Rafael 18-year-old faces two counts of premeditated attempted murder as well as shooting into an occupied pickup truck, and commercial burglary charges for the car heist that occurred in 2011.
"Mr. Wade is entitle to a fair trial. That will be impossible in Marin County due to the publicity surrounding the case and strong emotions raised by the case in the jury pool," the motion states.
The murder and shooting charges come from an when a motorcyclist dressed in black with his face shielded by a black helmet with a dark-tinted visor drove up to Dodge pickup and shot at the teen couple that sat inside.
Eva Dedier, the girl in the car, testified in the preliminary hearing that three days after the shooting, Wade texted her asking her if she wanted to pick up her fake ID that he procured for her.
Wade’s commercial burglary charge came from the alleged theft of Fieri's $200,000 bright yellow 2008 Lamborghini Spyder Gallardo on March 8, 2011, where the thief rappelled down from the roof of British Motor Car Distributors dealership on Van Ness Avenue in San Francisco, entered through a window, then drove away in the car, according to San Francisco police.
According to Dedier's testimony, Wade asked if she wanted him to pick her up in his yellow Lamborghini to get her IDs.
Detectives tracked Wade to a Richmond storage unit where they found the sports car as well as the motorcycle, and other items believed to be involved in the shooting. They also discovered fake ID cards for California, Florida and New York, local police scanner coordinates, cellphone-jamming equipment, a dismantled AKA-47 assault weapon, a shotgun and a full San Francisco Police Department uniform with a badge and duty belt, according to the San Francisco Police Department.
The case received extensive coverage from Patch, the Marin Independent Journal and several national publications.
National interest was sparked again when an attempted break in at the Juvenile Hall facility in August 2012, where Wade was held at the time, was linked to the defendant. Wade was also the subject of a local rappers tribute video. The song opens with a clip from a TV news report about Wade and includes lines like, "Free Max Wade, he's my f***ing brother," "I think I'm Max Wade, not Tupac."
Wade, who plead not guilty to all the charges, could face up to 30 years in prison if convicted.
"Mr. Wade has been vilified as everything that is wrong with the over privileged youth of Marin County," the motion states.
The community's emotions regarding the case, including the nature of the crimes and the media coverage would never allow for an impartial jury and the trial should be relocated to a county unfamiliar with the case, Dresow argued.
Marin Judge Kelly Simmons scheduled a hearing for the motion on March 28. Jury selection is scheduled for May 16.
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