Police Reports

SMETHPORT, Pennsylvania – April 12, 2023:  Former McKean County attorney, Marc Nuzzo, was sentenced in McKean County Court today to a period of incarceration of 24 months to 72 months in state prison and 2 years of consecutive probation for the fatal crash on 219 in 2018. 

In January, the jury unanimously found him guilty of all misdemeanors and felonies but they could not unanimously agree on the charges of Involuntary Manslaughter or Homicide by Vehicle that were related to the death of Stanley “Guy” Austin – the driver of the car he collided with.  District Attorney Stephanie Vettenburg-Shaffer explained: “The testimony at trial included testimony by the pathologist that Mr. Austin’s cause of death was due to a blood clot and not directly from the injuries sustained in the crash. The testimony was that Mr. Austin had developed a reaction to the anti-coagulation medication and could no longer take it without a reaction.

Causation is found if one starts an unbroken chain of events unless the chain is broken by another act. The legal issue for the jury was whether the use or non-use of anti-coagulation medication leading to a blood clot which caused the death broke the chain of events.” When a jury cannot agree on one or more charges, no final verdict is entered on those counts.  Because the jury “hung” on these two counts, the Commonwealth could retry the defendant.  DA Shaffer explained how the decision was reached: “After speaking with the family of Mr. Austin about the options – whether to retry the defendant on these two counts in a second trial or not, I agreed not to seek a second trial but would, instead, offer the defendant to plead guilty to one of the two remaining counts. 

A jury trial is very difficult for victims – whether by the stress due to awaiting the outcome, the stress of testifying, hearing disturbing details from others’ testimony or by prolonging the conclusion of the case – and their input guided my decision.  On the other hand, I thought it was important to obtain a conviction on a count that recognized that the defendant was a cause of death of Mr. Austin (and there can be more than one cause). 

It was agreed that I would offer the defendant to pled guilty to one of the two remaining counts and we would not seek a second trial on the other count.” Earlier today, Defendant Nuzzo pled guilty to Involuntary Manslaughter for the death of Stanley “Guy” Austin and was sentenced on that charge and all of the charges of which the jury already convicted him. The case has concluded with NUZZO having been convicted of 3 counts of Aggravated Assault by Vehicle, 6 counts of Recklessly Endangering Another Person, 8 summary violations, and, now, Involuntary Manslaughter. 

After a 3 ½ hour sentencing hearing before visiting Judge Edward Reibman, in which numerous victims who were in the vehicle at the time of the crash and family members of Mr. Austin testified to the impact NUZZO’s actions has had on them, NUZZO was sentenced to a total of 24 months to 72 months in state prison and 2 years of consecutive probation and other terms such as restitution for the funeral expenses, court costs, cost of prosecution, provide a DNA sample, obtain evaluations and counseling, etc.