Both McKean County judges have recused themselves from hearing the homicide by vehicle case against former Kane attorney Marc Nuzzo, who is accused of causing the death of Stanley “Guy” Austin in a crash Sept. 5 on U.S. Route 219 near Mead Run.
In orders filed in the McKean County prothonotary’s office, President Judge John Pavlock and Judge Christopher G. Hauser have both recused themselves from all future proceedings in the case due to potential conflicts of interest.
The Administrative Office of Pennsylvania Courts will be tasked with assigning a senior judge to hear the case. As of Tuesday, a judge had yet to be appointed, according to Prothonotary Laura Isadore.
Nuzzo, 42, currently of Wilkes Barre, is charged with homicide by vehicle, involuntary manslaughter, three counts of aggravated assault by vehicle, six counts of recklessly endangering another person and numerous traffic summaries.
He is represented by attorney James P. Miller of Erie.
Nuzzo remains free on $100,000 percentage bail.
Miller has filed a waiver of arraignment in McKean County Court, and the next hearing date in the case is 1 p.m. June 27, which is the last day to plea.
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.
Austin and two other occupants in the Escape had serious injuries. Nuzzo was injured as well, police said.
Three witnesses at the crash scene 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.
