Judge doesn’t reduce bail for suspect in Aiden Lutz death
A Common Pleas Court judge ruled Thursday that the suspect in the October 2023 hit and run death of 15-year-old Aiden Lutz has been held in prison longer that the statutory limit, but did not reduce his $500,000 bail.
The decision not to reduce suspect Joshua Rivera’s bail came as a relief to Lutz’s family and friends who packed the courtroom wearing yellow “Justice for Aiden” T-shirts and carrying yellow roses. Yellow was Lutz’s favorite color, a family friend said.
A bicycle was incorporated into the T-shirt design, recalling the fact that Lutz was riding a bike Oct. 19 on Dutchtown Road in Butler Township when Rivera, 39, allegedly struck him and fled the scene while driving with a suspended license.
Senior Judge Christopher St. John partially ruled in favor of a defense motion that sought to release Rivera on a nominal bond because he has been held in custody longer than 180 days in violation of Rule 600 of the Pennsylvania Rules of Criminal Procedure, which requires a trial to begin within 180 days from when the criminal complaint was filed.
St. John found that the district attorney’s office breached the 180-day rule, but left Rivera’s bail it intact.
Rivera has been held in the county prison since his Oct. 22, 2023 arrest, but not all of those 558 days as of Thursday count toward the 180-day rule.
Defense and prosecution attorneys argued during the three-and-a-half-hour hearing, which was scheduled to last an hour, over which days count and which days are excluded.
Assistant public defender Joseph Smith contended that 190 days are attributable to the district attorney’s office failure to bring the case to trial.
Assistant district attorney Ben Simon countered that 113 days is the accurate total.
The attorneys agreed that the 180-day clock started ticking on Oct. 22, 2023.
Rivera is facing charges including third degree murder, homicide by vehicle, accidents involving death while driving without a license, aggravated assault by vehicle, involuntary manslaughter and others.
His trial has been scheduled for June 5, but that could be impacted by an appeal the district attorney’s office filed in Superior Court about a defense motion that St. John partially granted in April.
After the hearing, Lutz’s father, Benjamin Lutz, declined to comment, but a family friend said he was thrilled with the judge’s ruling.
Lindsay Gardner said she understands that what happened to Lutz was an accident, but Rivera must be held accountable.
“I’m disgusted when I see him,” she said.
She said she thought the judge was going to reduce Rivera’s bail.
Her son Gavin Gardner, 17, who was Lutz’s teammate on the Butler High School cross country squad, said his friend didn’t deserve the fate that befell him and seeing Rivera in court was difficult.
“He got me into running,” Gavin Gardner said about Lutz. “I run for him.”
Another friend and track team member, Gabriella Scarnato, said she felt anger and disgust seeing Rivera, and is glad his bail wasn’t reduced.
She said Rivera turned toward the gallery in the courtroom after the hearing ended and said what happened was an accident and that he has also experienced loss.
“He said he lost also,” Scarnato said.
