Guilty plea in fatal ATV crash
May 22—WILKES-BARRE — A Nanticoke man pled guilty in Luzerne County Court to charges related to a fatal crash involving an all-terrain vehicle driver in 2023.
Richard J. Simon Jr., 40, of West Union Street, was charged by Newport Township police with striking an ATV operated by James "Jimmy" Edward Thiemann, 26, on East Kirmar Avenue on July 30, 2023, according to court records.
Thiemann, of Warrior Run, died at Geisinger Wyoming Valley Medical Center, Plains Township, on Aug. 5, 2023.
Simon, through his attorney, Theron J. Solomon, pled guilty to involuntary manslaughter, a first-degree misdemeanor, before Judge Michael T. Vough on Thursday.
Under state sentencing guidelines, Simon could face up to five years in prison but prosecutors did not object to house arrest if Simon is eligible.
Court records say Simon, operating a 2004 Hyundai Sante Fe, was traveling on Alden Mountain Road when he was passed by several ATV drivers, including Thiemann.
Simon and the ATV drivers changed lanes and varied their speeds with Simon briefly driving off the roadway. Simon then struck Thiemann's ATV that was pushed a distance resulting in Thiemann being thrown to the ground striking his head, court records say.
Simon briefly stopped and was allegedly pulled from his vehicle and attacked, before he managed to flee the scene.
Police did not charge Simon with fleeing the scene or failure to render aid.
Videos of the encounter were recorded on cellular phones by other ATV drivers.
In an unrelated case, Simon also pled guilty to a burglary charge as Nanticoke police accused him with entering a house under renovations on West Union Street and stealing tools, a hot water heater and materials on Jan. 24, 2024, according to court records.
Vough scheduled Simon to be sentenced July 3. Simon remains free on $25,000 bail.
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