The Kane attorney accused of causing a fatal crash in September, killing Stanley “Guy” Austin, is scheduled to face a preliminary hearing later this month.
Marc Nuzzo, 42, of Spruce Street, 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.
A hearing has been tentatively scheduled for 1 p.m. April 22 before District Judge David Engman in Kane.
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, 53, 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.
State police said 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, troopers 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.
Troopers assisted the occupants of the SUV until fire and EMS personnel arrived. At that time, troopers 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. Troopers listed blunt impact injuries as one of the factors in his death, the complaint read.
Nuzzo is currently free after posting 5 percent of $100,000 bail. He also maintains a residence in Wilkes-Barre.
He is represented by attorney James P. Miller.
