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Defense attorney John Latoracca said if the case goes to trial he'll argue that Jason Vanderee was passed out behind the wheel because of the fentanyl, News12 reports.
Vanderee, 29, of Vernon, said he doesn't remember the February crash.
Jon Warbeck and his son, Luke, both of Lincoln Park, were getting gas the morning of Feb. 19 when the speeding Honda Pilot with an overdosed Vanderee behind the wheel literally flew into them and the attendant at the Delta gas station on the highway's northbound side.
Security video shows the airborne Honda Pilot shearing the top of the Warbecks' Chevy Camaro convertible from the bottom of the driver's side window and smashing square through the attendant, who had just closed the car's gas cap.
Jon Warbeck -- a 51-year-old former Carlstadt firefighter -- 17-year-old Luke were instantly killed, as was the attendant, Lovedeep Fatra, 23, of Pequannock.
Vanderee, who has a long history of drug-related offenses, is due back in Superior Court in Hackensack on July 15.
SEE: Hearing Set For Driver In Gas Station Crash That Killed Dad, Teenage Son, Attendant
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