Homicide by vehicle charge to be added in death of Butler High bicyclist
The charge of homicide by vehicle will be added to those faced by a Butler man accused of hitting a 15-year-old bicyclist in Butler Township with his vehicle last week.
District Attorney Richard Goldinger said Tuesday, Oct. 24, that the additional charge will be added to the case against Joshua Rivera, 38.
Rivera was accused of striking Aiden Lutz, 15, who was riding his electric bike down Dutchtown Road near the intersection of Sugar Creek Drive on Thursday afternoon. Aiden died from his injuries in Allegheny General Hospital in Pittsburgh on Sunday. He was a sophomore at Butler Senior High School.
Rivera initially was charged Friday with aggravated assault by vehicle, accidents involving death or injury while not licensed, accidents involving death or personal injury, accidents involving damage to attended vehicle or property, reckless driving, driving with a suspended license, and failure to notify police of an accident.
According to Goldinger, more charges could be filed against Rivera.
“ (It’s) depending on how the investigation goes,” he said.
Following the crash, police sought Rivera for several days. He was discovered early Sunday at Comfort Inn in Butler Township with his girlfriend, Nicole L. Kelly, 31, who was subsequently charged with a misdemeanor for harboring him.
Rivera has been arrested several times since 2004 for offenses including driving under the influence. He was charged with DUI in December 2021 and again in February this year for a stop in December 2022. Documents show he was cited Oct. 14 with driving with a suspended license.
Goldinger said when someone receives a traffic citation, they are not taken into custody, regardless of pending charges or prior violations for the same offense.
“He would have been issued a traffic citation on Oct. 14 and had 10 days to enter a plea at the Magisterial District Court,” he said.
The pending DUI charge would not have affected how police handled the Oct. 14 traffic stop, unless they suspected another DUI, Goldinger said.
“(Rivera’s) DUI case was postponed several times due to (his) unavailability, for various reasons. A case cannot proceed without the person charged appearing in court,” he said.
Rivera is in Butler County Prison in lieu of $500,000 bail. Goldinger said the severity of the charges and Rivera being a potential flight risk should factor into the presiding judge considering raising his bond.
Rivera’s preliminary hearing is scheduled Nov. 2 before District Judge Kevin O’Donnell.
