Apple Store driver claims gas pedal got stuck. That's not what officials think.

BROCKTON − The Hingham man charged with causing a fatal crash at the Derby Street Apple Store will remain out on bail as investigators continue to question his claim that a faulty accelerator pedal caused him to drive his car into the storefront last fall.

Bradley Rein, who was 53 at the time of the crash, was arraigned in Brockton Superior Court on Monday on a charge of second-degree murder, as well as charges of motor vehicle homicide by reckless driving, reckless driving, four counts of assault and battery with a dangerous weapon and 18 counts of aggravated assault and battery with a dangerous weapon. He pleaded not guilty to all charges.

Rein, who paid $100,000 cash bail months ago, will remain free while he awaits trial. He has been ordered to not drive, surrender his passport, not possess weapons, wear a GPS monitor and not leave the state without the court's approval. He appeared in person Monday with his defense attorney Joan Fund and is due in Plymouth for a pretrial conference June 21.

Bradley Rein of Hingham is arraigned in Brockton Superior Court Monday, April 24, 2023.
Bradley Rein of Hingham is arraigned in Brockton Superior Court Monday, April 24, 2023.

Since the crash last November, Rein has claimed that a stuck accelerator pedal caused him to crash into the glass storefront of the crowded Hingham Apple Store, killing New Jersey's Kevin Bradley, 65, and injuring 22 others. Rein told police the accelerator pedal was stuck in the down position and that he used his left foot to try to brake, but to no avail. On Monday, authorities questioned his claim publicly for the first time.

Assistant District Attorney David Cutshall, who provided a summary of the case, said State Police have not yet finished a crash reconstruction report but have pulled computer data from the car. Cutshall said that data shows the accelerator was pushed down as far as it could go in the five seconds leading up to the crash, and that data showed "no indication of brake application during those five seconds."

"Their inspection of the vehicle discovered no mechanical defects in this crash," he said.

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Fund did not speak in court on her client's behalf. After the hearing, Plymouth County District Attorney Tim Cruz said authorities are looking into whether the crash could have been an accident.

"I'm not getting into what investigators think, but obviously, at this point, there are allegations of intentional conduct," Cruz said outside Brockton Superior Court on Monday. "That's something we'll have to do deal with."

Police say Rein was driving a Toyota 4Runner that smashed through the glass-fronted Apple Store at Derby Street Shops, killing Bradley, at about 10:45 a.m. Nov. 21. The SUV reached the back wall, trapping several people.

prosecutor David Cutshall and defense lawyer Joan Fund in Brockton Superior Court Monday, April 24, 2023.
prosecutor David Cutshall and defense lawyer Joan Fund in Brockton Superior Court Monday, April 24, 2023.

Cutshall said 22 other people were injured either by the car traveling at 60 mph through the store or by flying debris. Relatives of the victims sat in court Monday and appeared via Zoom.

"Most of these people were either working or trying to buy something at the store. They didn't go there to come here, but here we are," Cruz said of the victims. "The family of Mr. Bradley is down in New Jersey right now and they have to deal with this for the rest of their lives, so I think these matters will go forward. We will do our job. We will make sure there is justice for all the people whose lives were changed or altered forever."

State Trooper Andrew Chiachio wrote in a police report, "While driving in the area of Barnes and Noble, Mr. Rein stated his right foot became stuck on the accelerator and his vehicle accelerated. Mr. Rein stated he used his left foot to try to brake, but was unable to stop the vehicle and crashed through the front of the Apple store."

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Chiachio said Rein told him he was at Derby Street Shops to repair a lens in his eyeglasses, which he was not wearing at the time of the crash. There were no traces of alcohol or illegal drugs in his system, Cutshall said Monday. Rein was wearing eyeglasses in court.

Rein has no criminal record in Massachusetts. He was charged with drunken driving in Vermont several years ago, but that charge has been expunged.

The Apple Store reopened in January, almost two months after the fatal crash, with concrete barriers between the storefront and the parking lot.

See our earlier coverage of the Hingham Apple Store crash

March 29: Driver in Hingham Apple Store crash indicted on 25 charges, including murder

Jan. 12Hingham Apple store reopens with steel barriers two months after fatal crash

Dec. 1, 2022: Fundraiser for New Jersey man killed in Derby Street crash raises thousands

Nov. 29, 2022: Lawyers: Apple store should have been protected by barriers before Derby Street crash

Nov. 26, 2022: Apple CEO visits victims: All we know about the fatal Derby Street crash

Nov. 22, 2022: 'It was an accident': Driver says his foot was stuck on accelerator in fatal Derby Street crash

Nov. 21, 2022: Photos: SUV crashes into Hingham Apple store at Derby Street; dozens injured

Nov. 21, 2022: An 'unthinkable morning': 1 dead, 16 injured after car crashes into Apple store in Hingham

Reach Mary Whitfill at mwhitfill@patriotledger.com.

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This article originally appeared on The Patriot Ledger: Bradley Rein faces Hingham Apple Store crash charges in court Monday