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.

Jan 30th, 2023 (SMETHPORT, Pennsylvania) [January 30, 2023]:  District Attorney Stephanie Vettenburg-Shaffer reports that, following a 6 day jury trial at the McKean County Courthouse, a jury has convicted former Bradford man Marc Nuzzo of 3 counts of Aggravated Assault (Felony 3) and 6 counts of Recklessly Endangering Another Person (Misdemeanor 2) for his actions that resulted in a car crash in 2018.  The jury was unable to reach a unanimous verdict of Homicide by Vehicle and Manslaughter.  

Following the jury verdict, the Judge found the defendant guilty of 8 summary violations of the vehicle code.  The charges were the result of a crash that occurred on September 5, 2018 on 219 near Mead Run where NUZZO had been travelling South when he crossed the center line and entered the Northbound lane.  A vehicle driven by Stanley “Guy” Austin and occupied by 5 other passengers had been travelling North when it was struck head-on by NUZZO. Numerous other drivers stopped to assist the people in the Austin vehicle, including a local couple on their way home from the hospital, a Canadian truck driver, an off-duty EMT, and several others. 

Numerous fire companies responded to the area as the Austin car erupted in fire upon impact and many of the passengers were still inside. Guy Austin and two of his passengers were flown to out-of-area hospitals for their injuries. The jury heard from some of those who assisted the occupants and heard some of the 911 calls.  Following the verdict, DA Shaffer asked the Court to increase the defendant’s bail.  The Judge increased his bail to $150,000 percentage. 

As a condition of bail, the defendant was ordered to turn in his driver’s license. On March 28, 2019, an arrest warrant had been issued for the arrest of Marc Nuzzo.  Nuzzo had been the subject of an investigation into the crash that occurred on 219 in McKean County.  Nuzzo was charged by criminal complaint with Homicide by Vehicle; three counts of Aggravated Assault by Vehicle; Involuntary Manslaughter; 6 counts of Recklessly Endangering Another Person; and several summary violations.  During the trial, many of the occupants in the Austin vehicle testified to seeing the lights in their lane and Mr. Austin trying to avoid the Nuzzo vehicle in his lane. 

They described how they were removed from the vehicle – most of whom required the assistance of the people who stopped to help. Trooper Quinton O’Rourke of the Pennsylvania State Police investigated the case.  Corporal David Kostok and now-retired Trooper Robert Manno, both accident reconstructionists with the State Police, testified before the jury. District Attorney Stephanie Vettenburg-Shaffer and First Assistant Michael Alfieri prosecuted the case on behalf of the Commonwealth. No date has been set for sentencing.

Sourced via CRIMEWATCH®: https://mckean.crimewatchpa.com/da/136029/post/nuzzo-sentenced-fatal-crash-219