Almost three years after the death of 15-year-old Aiden Lutz, family and friends packed a Butler County courtroom. They wore yellow T-shirts saying “Justice for Aiden,” hoping to convince a judge not to dismiss charges against Joshua Rivera, the man charged in Lutz’s death.
Rivera’s defense attorneys believe charges should be dropped because the case hasn’t made it to trial.
“If [the judge] decides we violated Rule 600, that is something he could decide. I just don’t think, knowing what the record will show and what is available to him, that he will do that,” said Richard Goldinger, Butler County District Attorney.
Prosecutors said Rivera hit Lutz and left him for dead in October 2023, as Lutz was riding his e-bike on Dutchtown Road.
Court documents said witnesses heard Rivera yell “I’m sorry!” several times before leaving the scene. Just hours after Lutz was hit, police arrested Rivera after they found him at the Comfort Inn along Route 8.
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Rule 600 is the right to a fair and speedy trial, but Goldinger said many of the trial delays were out of the Commonwealth’s control. At one point, every single judge in Butler County recused themselves from the case, and a new judge from Mercer County was assigned.
“We’ve had delays due to a Commonwealth appeal that we had to file, so they are now challenging that because of the lengthy delay between the time the offense occurred and where we are now, that we violated Rule 600,” Goldinger said.
On Tuesday, the judge sealed several documents, including a written statement from the defendant’s former girlfriend. Goldinger said the defense is challenging the use of that witness.
“We came across new evidence, and that happens all the time,” Goldinger said. “They’re trying to say that we did that in bad faith. I know, from our position, we came upon her innocently, found out that she was in a court proceeding, and she had been uncooperative prior to this point in time.”
Goldinger said at this point, all charges against Rivera are still on the table, including Murder in the Third Degree. Goldinger said a decision to drop any or all charges would be up to the judge, who will enter an order “at some point” in the next couple of weeks.
Jury selection is set for September 16, with the trial set to begin the following week.
Aiden was a 10th-grade student at Butler Area Senior High School when he was killed.
He would have graduated this past spring.
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