web1_Car-brake-light.jpg

Easton Police: Mother of 4 killed by her own vehicle in accident

web1_115855621-838e4eb128904624be8071eecea22b57.jpg

Frein’s lawyers ask judge to toss confession in trooper ambush trial

<p>WILKES-BARRE &#8212; After being sentenced Monday to nine to 23 months in Luzerne County prison for a street-racing case, Paul Butkiewicz was handcuffed and led away to begin serving his time.</p><p>A short distance away, Josh Simon, the now 13-year-old victim, sat in a wheelchair facing an uncertain future due to his life-altering injuries.</p><p>Butkiewicz, 21, Plymouth, pleaded guilty in January to two counts of aggravated assault by vehicle, three counts of reckless endangerment and one count each of illegal racing and reckless driving.</p><p>Following a sentencing hearing filled with emotion, including an apology from Butkiewicz to the victim, Luzerne County Judge David Lupas handed down his punishment.</p><p>The Butkiewicz family was satisfied with the sentence, according to their attorney, Demetrius Fannick. But the Simon family was not.</p><p>&#8220;Josh is not Josh anymore,&#8221; Ben Simon, Josh&#8217;s father said. &#8220;No, I will never forgive (Butkiewicz) for what he did.&#8221;</p><p>Butkiewicz was behind the wheel of a 2004 Dodge Neon near Division Street in Kingston in September 2015 when he tried to race a silver sedan that had pulled alongside his vehicle and revved its engine, police said. Butkiewicz, who had two passengers, took off and sped down nearly four blocks before slamming into the passenger side of a 2003 Chevrolet Avalanche driven by Misty Simon, Josh&#8217;s mother, according to police. Officers said Butkiewicz appeared to be traveling in excess of 70 mph.</p><p>The wreck left Josh Simon in critical condition, suffering severe leg injuries that required multiple operations and kept him hospitalized indefinitely, according to his father.</p><p>Josh Simon continues to recover, his father said, noting his son has had a skin graft on his right leg and he recently had another procedure on his knee. His father said Josh&#8217;s mental acuity is at a fourth-grade level.</p><p>Misty Simon read a letter into the record at Monday&#8217;s hearing, beginning by emphatically stating her son was injured in a car crash, not an accident.</p><p>&#8220;This was a crash caused by the careless actions of someone with no regard for others,&#8221; she said.</p><p>She described the scene in graphic detail, telling the court how she will never forget her son&#8217;s screams as he was on the ground covered in blood.</p><p>Directing her comments to Butkiewicz, Misty Simon said, &#8220;While you were being stitched up and laughing about the incident, my son was being life-flighted. When you were posting on social media, blaming my son for the condition he was in, he was fighting for his life.&#8221;</p><p>Misty Simon said Josh is still unable to live the life of an average 13-year-old.</p><p>Butkiewicz became emotional in his address to the court, breaking down as he apologized to Josh and his family.</p><p>Fannick noted Butkiewicz had no prior record and had accepted responsibility for his actions by pleading guilty. Betty-Jo Kelly, the defendant&#8217;s mother, said her son has struggled since the incident, often having sleepless nights and periods where he has been unable to eat. She said her son has become socially awkward and withdrawn, and she has seen him have several emotional breakdowns.</p><p>Butkiewicz told Judge Lupas he is remorseful, and he read a letter he wrote to Josh. He talked about how his actions have affected many lives.</p><p>&#8220;I can never express how truly sorry I am,&#8221; he said. &#8220;I am so sorry, Josh. I hope you can forgive me someday.&#8221;</p><p>Prosecutor Greg Skibitsky asked Lupas to consider a sentence at the high end of the guidelines.</p><p>Ben Simon said his son &#8220;doesn&#8217;t have a life.&#8221; The father added: &#8220;He has no freedom to do what he wants.&#8221;</p><p>Lupas said the case was a difficult one. He said Butkiewicz made a decision that left the victim with injuries that will last his entire life and also impacted the lives of many others.</p><p>Lupas said Butkiewicz will be eligible for parole upon serving the minimum term of nine months. After release, he will serve three years of probation, with the first four months being house arrest.</p><p>As far as driving a vehicle again, Lupas ruled that Butkiewicz surrender his license until the completion of his probation.</p><p>&#8220;There is no sentence that could ever make everyone whole again,&#8221; Lupas said. &#8220;We cannot turn back time. We must impose some justice that makes sense.&#8221;</p><style>
.neFileBlock {
	margin-bottom: 20px;
}
.neFileBlock p {
	margin: 0px 0px 0px 0px;
}
.neFileBlock .neFile {
	border-bottom: 1px dotted #aaa;
	padding-bottom: 5px;
	padding-top: 10px;
}
.neFileBlock .neCaption {
	font-size: 85%;
}
</style>
<div class='neFileBlock'>
<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2017/04/web1_butkiewicz-3.jpg">
<div class="neCaption">Butkiewicz </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2017/04/web1_butkiewicz-3.jpg</photo0><caption0>Butkiewicz </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><subheadMeta>Plymouth man will serve nine to 23 months</subheadMeta></div><div class="metaInfo"><bylineMeta><p>By Bill O&#8217;Boyle</p><p>boboyle@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Bill O&#8217;Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.</p></shirttailMeta></div>

Driver in crash that injured Josh Simon sentenced to 9 to 23 months