Butler man accused in fatal hit-and-run now faces homicide by vehicle charge
BUTLER TWP — A Butler man accused of striking and killing a 15-year-old bicyclist is now facing additional charges, including homicide by vehicle.
Following testimony from a neighbor who tended to the teen’s injuries, District Judge Kevin O’Donnell added charges of homicide by vehicle, involuntary manslaughter and summary driving at an unsafe speed at the defendant’s Thursday, Dec. 14, preliminary hearing.
Joshua Rivera, 38, is accused of driving away after striking Aiden Lutz, 15, with his vehicle Oct. 19 as the teen was riding his electric bike on Dutchtown Road. The boy, who was a sophomore at Butler Senior High School, died Oct. 20 at Allegheny General Hospital in Pittsburgh as a result of his injuries.
Rivera was initially charged with felony 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.
J.P. Kulzer, assistant district attorney, requested homicide by vehicle, involuntary manslaughter, and summary driving at an unsafe speed be added to Rivera’s case before the hearing began.
The request was granted by O’Donnell following testimony from three witnesses at the hearing, where several of Aiden’s family members were in attendance.
O’Donnell moved all the charges forward to the Butler County Court of Common Pleas.
Rivera is being held at the Butler County Prison in lieu of $500,000 bail.
Brett Decker said he had seen Aiden Lutz riding his bike around the neighborhood on a number of occasions, and the day of the crash was no different.
Decker said he was on a walk with his family the afternoon of Oct. 19. The group stopped on Dutchtown Road so his son could ride on his shoulders.
“It was a beautiful day for a walk,” he said.
Decker spotted Aiden coming down the hill on Dutchtown Road, pedaling toward his family, he said. He said he later learned Aiden was on his way to visit a friend on Sugar Creek Road, near where the crash occurred.
“He was smiling, he had a big smile on his face ... We were smiling back,” he said.
A white Kia sedan “came out of nowhere,” from the top of the hill, according to Decker. He estimated it was traveling 80 mph on the 35 mph road.
“It felt like it was a missile coming,” he said.
From 10 to 15 feet away, Decker said he watched the vehicle accelerate, move slightly away from Aiden’s bike, then strike him with the center hood of the vehicle.
Aiden flew from the bike in an upward and forward direction, Decker said, but the car was going so fast it passed right beneath him before he hit the ground.
“I was staring at him the whole time,” Decker said. “I was praying he wouldn’t hit his head on the ground.”
Decker said as he ran to render aid to Aiden, he heard the car hit the brakes after the impact. He recalled placing his sweatshirt on the back of the boy’s head.
Decker identified Rivera as the driver of the sedan, saying Rivera exited the vehicle and was “acting erratic.” He said Rivera exclaimed “Oh my God,” and “I’m so sorry.”
“The next thing I heard was car tires squealing again, and the car was taking off at a high rate of speed,” Decker said. “It looked like a car that wanted to go zero to 60.”
Decker stayed with the boy until he was aided by a nurse, paramedics and two police officers.
David Giesler, who said he has known Rivera for 15 years and lived near where the crash occurred, said he saw Rivera shortly after the crash happened.
Around 3:45 p.m., Giesler said he was wearing a headset while on a work call when Rivera came into his home. Giesler said he couldn’t hear what Rivera was saying except for a few words.
“All I heard was ‘I hit,’” Giesler said.
Officer William Dobson, of Butler Township police, said he observed a piece of a white vehicle bumper in the middle of the roadway scene. Through serial numbers, the bumper was linked to a Kia sedan.
“While on scene, I was notified by a Penn Township officer that a white Kia was located at the rear of a residence on Dutchtown Road,” he said.
Dobson took a photo of the bumper piece, and concluded the damage was consistent with the found vehicle.
The vehicle was linked to Rivera through his driver’s registration on the Kia, and Dobson said a review of his driving record showed his license was suspended for driving under the influence.
According to police at an earlier time, Penn Township police officers saw a man lock the car and flee into a nearby wooded area.
Following the crash, police sought Rivera for several days. He was discovered early Oct. 22 at Comfort Inn in Butler Township with his girlfriend.