Thiemann
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WILKES-BARRE — Luzerne County prosecutors and an attorney for Richard J. Simon Jr., charged with involuntary manslaughter related to a fatal ATV crash in Newport Township, have reviewed multiple videos of the incident that happened July 30, 2023.
Those videos, which were recorded on cellular phones, have not publicly been released but are being used to possibly find a resolution in the case against Simon.
Simon waived his right to a preliminary hearing before District Judge Donald Whittaker of Nanticoke held at the courthouse sending a misdemeanor count of involuntary manslaughter to county court.
Simon’s attorney, Theron Solomon, said a plea agreement is in the works that may include no jail time for his client.
Newport Township police charged Simon, 39, of West Union Street, Nanticoke, with striking an ATV operated by James “Jimmy” Edward Thiemann in the area of Alden Mountain Road near East Kirmar Avenue.
Thiemann was with other ATV riders when they encountered Simon, who was driving a 2004 Hyundai Sante Fe, on Alden Mountain Road.
Simon and the ATV riders 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, according to court records.
Thiemann, 26, of Warrior Run, was transported to Geisinger Wyoming Valley Medical Center, Plains Township, where he died Aug. 5, 2023.
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 by the other ATV riders.
An accident reconstruction by the Pennsylvania State Police revealed Simon accelerated the Hyundai when he struck Thiemann’s ATV, court records say.
Simon remains free on $25,000 bail.