Joshua Rivera

A Common Pleas Court trial has been tentatively scheduled for April for a Butler man charged with striking and killing a 15-year-old boy in October 2023 while he was riding an electric bicycle in Butler Township.

Senior Judge Christopher St. John tentatively scheduled a trial for April 21 for Joshua A. Rivera, 39, who is facing numerous charges in the Oct. 20 death of Aiden Lutz, who fled the scene after the crash.

According to township police, Lutz was riding his bike Oct. 19 on Dutchtown Road when he was struck by Rivera. The teen died Oct. 20 at Allegheny General Hospital in Pittsburgh as a result of his injuries.

A witness testified at Rivera’s preliminary hearing in December 2023 that he saw a speeding car strike Lutz, who regularly rode his bike in the neighborhood.

The impact sent Lutz airborne, and the car passed under him before he landed on the street, the witness said.

Rivera stopped the car, got out and said “Oh my God,” and “I’m so sorry” before speeding away, according to the witness.

Penn Township police found Rivera’s car the day of the incident at the rear of a home on Dutchtown Road.

Police sought Rivera for several days following the crash and found him Oct. 22 at a hotel with his girlfriend, who was charged with hindering apprehension.

Rivera has been charged with homicide by vehicle, third-degree murder, involuntary manslaughter, accidents involving death or injury, accidents involving death or injury while not licensed, aggravated assault by vehicle and several summary traffic violations. He has been held in the county prison in lieu of $500,000 since his arrest.

The tentative date for the trial was set during a hearing Monday, Feb. 24, in which several motions and other matters were discussed.

District Attorney Rich Goldinger and assistant public defender Joseph Smith told St. John that neither has made any offers to resolve the case.

Goldinger said the defense wants the third-degree murder charge dropped, but his office will not agree to that.

Some of the motions filed in the case so far include a prosecution motion to quash a report prepared by a crash expert for the defense, and defense motions to disallow evidence and for a change of venue due to media coverage. St. John scheduled a hearing on the motions for March 24.

Smith said he also filed a standard motion to compel the district attorney’s office to turn over information including whether Rivera’s girlfriend, Nicole L. Kelly, of Butler, is testifying and any “favors” she would get if she testifies.

Goldinger said that information is always provided to the defense, and his office has asked the defense to meet to make sure they have all the information.

Kelly, 32, was accepted into the accelerated rehabilitative disposition program in April and is serving 24 months of probation through the program.

Both attorneys said discovery is complete, except for a supplemental report from a state police accident reconstruction expert that Goldinger said he is expecting.