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NUZZO CONVICTED OF AGGRAVATED ASSAULT BY VEHICLE

(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.

Created Jan 30, 2023 @ 8:30 PM
McKean County DA
500 W Main St
Smethport, PA 16749
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