Fatal Crash Conviction Draws Interim Suspension
The Pennsylvania Supreme Court has ordered the interim suspension of an attorney.
AND NOW, this 28th day of July, 2023, the Joint Petition to Temporarily Suspend an Attorney is granted, and Marc W. Nuzzo a/k/a Marc William Nuzzo is placed on temporary suspension. See Pa.R.D.E. 214(d)(5). Respondent shall comply with the provisions of Pa.R.D.E. 217.
The Bradford Era reported
Already convicted on 17 charges, Marc Nuzzo pleaded guilty Wednesday in McKean County Court to one count of involuntary manslaughter from a fatal crash in September 2018.
Nuzzo was scheduled for sentencing by President Judge Edward D. Reibman, of Allentown. Prior to the sentencing hearing, the judge acknowledged the courtroom and stated there was a preliminary matter that had to be addressed.
District Attorney Stephanie Vettenberg-Shaffer said, “I spoke with the Austin family, and only the family in this.”
Stanley “Guy” Austin died as a result of the crash caused by Nuzzo. Shaffer explained the state was prepared to move forward on dismissing the charge of homicide by vehicle, a third-degree felony, if Nuzzo pleaded guilty to the lesser charge of involuntary manslaughter.
Nuzzo’s attorney, James P. Miller stated, “…against my recommendations, my client wishes to plead guilty to involuntary manslaughter.” Miller confirmed he had reviewed all impacts of the decision and how they could affect future appeals, “not that there will be any appeals,” Miller added, and the consequences of these actions with Reibman.
Reibman called a short recess to have Nuzzo, still handcuffed and shackled, complete the standard guilty plea paperwork. Reibman then asked Nuzzo several questions to confirm he was making the choice on his own and understood the ramifications. With satisfaction by the judge that Nuzzo was, indeed, pleading out, the sentencing hearing commenced.
Shaffer delivered the prosecution’s account of the facts of the incident, that he recklessly and in a gross manner caused the outcome.
The judge confirmed with Nuzzo that he understood and accepted the responsibility of the charge. Though Miller added that his client takes medication, it does not interfere with his thinking. To which, Reibman confirmed with Nuzzo that he was taking the medicine as prescribed.
“I plead guilty to count five,” Nuzzo said, referring to involuntary manslaughter. His attorney and Shaffer agreed that sentencing should continue without delay, with the added charge included.
Nuzzo was sentenced to no less than 24 months and no more than 72 months total incarceration, followed by two years of probation. He was given credit for 73 days of time served from January to April 2023. Nuzzo was to be taken into the custody of the Pennsylvania State Department of Corrections to determine which facility he would be held at.
Nuzzo was also ordered to pay restitution to Bonnie Austin in an amount just over $4,600. He was ordered to make monthly payments while incarcerated. He must pay the cost of prosecution and other fees associated with his sentence.
The judge ordered Nuzzo to continue receiving care for his health issues, stay away from alcohol and drugs, continue his sobriety — at his own expense while incarcerated and on probation. Nuzzo is not to be in any place that sells, serves, or otherwise has alcohol or other substances he does not have a medical prescription to use, per Reibman.
From the Olean Times Herald
According to the criminal complaint, the evening of 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.
…A Bradford native, he had been employed by the U.S. Attorney’s Office in the Western District of Pennsylvania. He is a veteran of the U.S. Air Force and U.S. Navy, for which he served as an attorney for the Judge Advocate General’s Corps.
After several tours overseas, including a combat tour during the initial occupation of Baghdad, Iraq, Nuzzo left military service in Honolulu, Hawaii. There he completed his training as an FAA-licensed airline transport pilot and flight instructor.
(Mike Frisch)