Kane attorney Marc Nuzzo was arraigned and released late Thursday night on charges relating to the 2018 crash that claimed the life of Stanley “Guy” Austin of Bradford.
On Thursday, criminal charges against Nuzzo, 42, with a listed address of 16 Spruce St., Kane, were filed in District Judge David Engman’s Kane office. The charges include homicide by motor vehicle, involuntary manslaughter and aggravated assault by motor vehicle.
Nuzzo maintains a home in Kane but is living in Wilkes-Barre and working in Scranton.
Late Thursday night, Nuzzo, accompanied by his attorney James P. Miller, turned himself in for arraignment before on-call District Judge Bill Todd in Smethport. Nuzzo was scheduled to turn himself in at 11 p.m.; he arrived at Todd’s office just before midnight.
Two Smethport Borough police officers served as courtroom security. Others at the late-night arraignment included four members of Austin’s family, three state troopers, District Attorney Stephanie Vettenburg-Shaffer and a bail bondswoman.
Shaffer had asked for bail to be set at $150,000 and said, “Earlier in the day there were reports of reckless driving on (U.S. Route) 219 that came to the defendant,” but state police had not located him at that time.
Citing that Nuzzo is a pilot, Shaffer said, “We are very concerned about his ability to flee.”
Miller, however, said Nuzzo had willingly turned himself in.
“I was notified of the charges at 6:03 p.m,” said Miller. “I notified Mr. Nuzzo and he got himself together and got on the road to turn himself in.”
Todd set bail at $100,000 and said Nuzzo was not to leave the country.
Nuzzo is free, having posted 5 percent of $100,000.
According to the criminal complaint, at 8:37 p.m. Sept. 5, on U.S. Route 219 near the intersection with Mead Run Road, a Jeep Compass driven by Nuzzo was traveling south on Route 219 when it crossed the double-yellow line and accelerated, attempting to pass a tractor-trailer that was also traveling south.
When Nuzzo’s vehicle was in the northbound lane, it struck head-on a northbound Ford Escape driven by Austin and containing five passengers — Bonnie Austin, Laura Johnson, Montana Moore, Lacy Austin and Lynsey Brown, the complaint stated.
After the impact, the Escape caught fire. Police reports from the time of the crash said passing motorists stopped and helped the people out of the burning SUV.
Trooper Quinton O’Rourke arrived on scene, saw the flames, grabbed a fire extinguisher and attempted to quell the flames.
O’Rourke, who filed the charges against Nuzzo Thursday, described the scene. The two vehicles were joined at the collision point with severe front end damage.
Stanley Austin was on the ground behind the SUV with visible serious injuries, O’Rourke indicated. Two other occupants of the SUV were on the ground in the area of the berm, also with serious injuries, including multiple broken bones, lacerations and blood loss, the complaint indicated.
O’Rourke and Trooper Alex Wissman assisted the occupants of the SUV until fire and EMS personnel arrived. At that time, O’Rourke was advised that Nuzzo was also injured, and observed him receiving medical attention.
Three witnesses were interviewed by troopers, and all confirmed that Nuzzo’s SUV caused the crash, the complaint stated.
Pennsylvania State Police Collision Analysis and Reconstruction specialists investigated the crash. They determined Nuzzo’s SUV had crossed the double-yellow line, accelerated and caused the collision, the criminal complaint read.
Austin, 53, died Sept. 20, 2018, at Erie County Medical Center in Buffalo, N.Y., from injuries sustained in the crash. O’Rourke listed blunt impact injuries as one of the factors in his death, the complaint read.
Nuzzo is charged with three counts of aggravated assault by vehicle and one count of homicide by vehicle, all third-degree felonies; involuntary manslaughter, a first-degree misdemeanor; six counts of recklessly endangering another person, second-degree misdemeanors; and seven traffic summaries, including reckless and careless driving.
Nuzzo’s information on the attorney registry for the Discipline Board of the Supreme Court of Pennsylvania indicates his professional address is 71 Main St., Suite 301, Bradford, which is the law office of Stanley E. Pecora Jr.
A representative of Pecora’s office confirmed Thursday that Nuzzo is no longer employed there.
A call Thursday to the phone number listed for Nuzzo on the registry was not answered.
Nuzzo is also a pilot who has flown for Southern Airways out of Bradford Regional Airport.
A preliminary hearing is set for April 22 before District Judge David Engman.
