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<p>KINGSTON &#8212; Paul Butkiewicz will have his day in court to face charges in connection with a crash that left Josh Simon, then 12, critically injured.</p><p>Butkiewicz, 20, appeared before District Judge Paul Robert<strong>s</strong> for a preliminary hearing Tuesday. After testimony from four witnesses, Roberts waived four counts of aggravated assault by vehicle, six counts of reckless endangerment and summary charges of illegal racing, reckless driving and speeding to higher court.</p><p>Two counts of aggravated assault by vehicle were dismissed.</p><p>Butkiewicz <a href="https://www.timesleader.com/news/local/520685/man-arraigned-on-charges-stemming-from-september-crash-that-critically-injured-boy-in-kingston" target="_blank">was arraigned on charges in March</a>, six months after <a href="https://www.timesleader.com/news/local/388550/search-warrant-alleges-cars-racing-in-kingston-crash" target="_blank">a crash in Kingston that left Simon in critical condition.</a></p><p>Among those in attendance at the hearing were Simon&#8217;s parents, Benjamin Simon and Misty Biggs.</p><p>Assistant District Attorney Gregory Skibitsky Jr. is pleased with the results of the hearing.</p><p>Roberts did not hold over the aggravated assault by motor vehicle pertaining to Biggs and another passenger in her vehicle. During closing arguments, Butkiewicz&#8217;s attorney Demetrius Fannick argued those two, as well as a passenger in his client&#8217;s vehicle, did not sustain injuries serious enough to meet the charge&#8217;s definition by law.</p><p>Fannick said while preliminary hearings are typically &#8220;one-sided from an evidence point of view,&#8221; he, too, is pleased with the outcome.</p><p>&#8220;The magistrate certainly made the right decision in dismissing the two charges,&#8221; Fannick said. &#8220;There wasn&#8217;t serious bodily injury, luckily, for the other two victims.&#8221;</p><p>Attorney Tim Lenahan, speaking on behalf of the Simon family, said they are also happy with the result of the hearing.</p><p>&#8220;This is a profoundly injured young boy,&#8221; Lenahan said. &#8220;His life has been altered forever. He will never be the same.&#8221;</p><p>Lenahan said Josh has &#8220;tremendous support&#8221; from his parents and the community, but added the effects of the cash will follow him for the rest of his life.</p><p>&#8220;We&#8217;re looking forward to having our day in court,&#8221; he said.</p><p><strong>The crash</strong></p><p>Sgt. Thomas McTague, a Kingston police officer who investigated the crash that happened on Sept. 13, testified three eyewitnesses at the scene reported Butkiewicz&#8217;s vehicle, along with a silver vehicle, &#8220;accelerated at a high rate of speed in a racing manner&#8221; north on Wyoming Avenue.</p><p>McTague said police still do not know who was driving the silver car, and the exact speed at the time of the crash is not known.</p><p>According to the criminal complaint, Niki and William Norton were passengers in Butkiewicz&#8217;s vehicle. Police met with the Nortons on Oct. 26, and they explained Butkiewicz was traveling north on Wyoming Avenue when a silver sedan pulled up to his left and revved the engine &#8220;as a gesture to race.&#8221; The Nortons said Butkiewicz came to a stop at the red light at Division Street but the silver sedan continued to rev its engine.</p><p>When the traffic light turned green, Butkiewicz and the silver sedan allegedly accelerated at a high rate of speed, causing the crash.</p><p>Police arrived at the scene of the crash to find Butkiewicz sitting in the driver&#8217;s seat of his Dodge Neon, unable to get out of the car due to the extent of the damages.</p><p>Emergency crews had to use hydraulic tools to get him out of the vehicle. Niki Norton, who was found in the backseat on the driver&#8217;s side, and William Norton, who was sitting in the passenger seat, were both taken to the hospital.</p><p>Niki Norton sustained severe internal injuries as a result of the crash and required several surgeries.</p><p>McTague testified he found Josh Simon lying in the roadway &#8220;barely breathing&#8221; with visible injuries to one of his legs.</p><p>&#8220;Josh was hospitalized for a lengthy period of time,&#8221; McTague said, later adding that Josh&#8217;s leg was &#8220;completely mutilated.&#8221;</p><p>Benjamin Simon testified briefly but, when asked to describe his son&#8217;s injuries, became emotional.</p><p>Fannick made a motion to stipulate that Josh sustained severe injuries so Benjamin would not have to continue his testimony. Evidence at the hearing included photos of the vehicles after the crash, as well as of Josh&#8217;s injuries.</p><p>The father of Niki and William Norton also testified about his children&#8217;s injuries as a result of the crash.</p><p><strong>Josh&#8217;s mother faced traffic violations</strong></p><p>The Times Leader also learned Tuesday that Misty Biggs was charged traffic violations as a result of an investigation into the crash.</p><p>Court documents indicate Biggs, 33, appeared for a summary trial in March for a slew of traffic violations. Kingston police Chief Michael Krzywicki said the charges came after the Pennsylvania State Police investigated the crash.</p><p>Court officials said Biggs was found guilty of five violations, including driving without insurance, a brake violation, a tire violation, unsafe equipment and failing to use a seat belt.</p><p>Biggs pleaded guilty to not having an emission inspection, not having a valid vehicle inspection and another charge of failing to use a seatbelt.</p><p>She was found not guilty of two other seatbelt violations.</p><p>Court officials said she was fined over $1,200.</p><p>Fannick tried to bring up Biggs&#8217; charges during the preliminary hearing, but the topic was successfully objected by Skibitsky</p><p>&#8220;We argued that it goes to the causation element,&#8221; Fannick said, indicating he plans to bring the argument up at trial.</p><p>Lenahan disagreed.</p><p>&#8220;Those charges are utterly irrelevant to what took place today, and the criminality of the defendant&#8217;s conduct,&#8221; Lenahan said. &#8220;They&#8217;ll never have any bearing on the outcome of that case.&#8221;</p><p><strong>Moving forward</strong></p><p>With charges moving onto county court, Fannick said his client is &#8220;a wreck.&#8221;</p><p>&#8220;It was a terrible accident, but we believe that&#8217;s really what it was &#8212; an accident,&#8221; he said. &#8220;He had no intent when he was driving the vehicle that he was going to hit anybody, or that the result would be this.&#8221;</p><p>Brandon Goble, however, is not satisfied with the court&#8217;s results.</p><p>Goble, 13, was a passenger with Josh Simon at the time of the crash. He sustained a concussion as a result, as well as some issues with his collarbone, back and shoulder.</p><p>His mother Kim, 40, also said he suffered a herniated disk.</p><p>Brandon added he has been unable to play sports at Valley West High School where he used to play football, baseball, basketball and wrestling.</p><p>The hearing marked the first time Brandon faced Butkiewicz since the crash.</p><p>&#8220;I was kind of mad, because he hurt my friends and ruined their lives,&#8221; he said. He added he would have been happy &#8220;if he (Butkiewicz) got all six counts&#8221; of aggravated assault by a motor vehicle.</p><p>Kim Goble also felt the charges against Misty were not relevant to the crash.</p><p>&#8220;Those are pieces of paper; they&#8217;re not what actually happened,&#8221; she said.</p><p>Butkiewicz is scheduled for a formal arraignment at 10 a.m. July 7 at the Luzerne County Courthouse.</p><p>He is free on $25,000 unsecured bail.</p><style>
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<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2016/04/web1_Biggs-1.jpg">
<div class="neCaption">Misty Biggs</div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2016/04/web1_Biggs-1.jpg</photo0><caption0>Misty Biggs</caption0><photoCredit0></photoCredit0></div><div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2016/04/web1_TTL011616InFocusJoshSimon2-7.jpg">
<div class="neCaption">Simon </div></div><div class="metaInfo"><photo1>https://www.timesleader.com/wp-content/uploads/2016/04/web1_TTL011616InFocusJoshSimon2-7.jpg</photo1><caption1>Simon </caption1><photoCredit1></photoCredit1></div><div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2016/04/web1_butkiewicz-7.jpg">
<div class="neCaption">Paul Butkiewicz leaves Magistrate Paul Roberts&#8217; office in Kingston on March 11. </div></div><div class="metaInfo"><photo2>https://www.timesleader.com/wp-content/uploads/2016/04/web1_butkiewicz-7.jpg</photo2><caption2>Paul Butkiewicz leaves Magistrate Paul Roberts&#8217; office in Kingston on March 11. </caption2><photoCredit2>Pete G. Wilcox | Times Leader file photo </photoCredit2></div></div>
<div class="metaInfo"><bylineMeta><p>By Travis Kellar</p><p>tkellar@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Travis Kellar at 570-991-6389 or on Twitter @TLNews</p></shirttailMeta></div>

Charges against Paul Butkiewicz in connection with crash that critically injured 12-year-old Josh Simon bound over for court