Jul. 17—WILKES-BARRE — The family of the late James “Jimmy” Edward Thiemann got their wish after an emotional sentencing hearing for Richard Simon on Thursday.
Thiemann, 26, of Warrior Run, died from injuries sustained in a vehicle crash involving Simon, 40, of Nanticoke, during a road rage incident on East Kirmar Avenue, Newport Township, on July 30, 2023.
Thiemann was operating an all-terrain vehicle with 20 other ATV riders when they passed Simon, operating a 2004 Hyundai Sante Fe, on Alden Mountain Road.
Simon and the ATV drivers 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.
Simon briefly stopped and was allegedly pulled from his vehicle and attacked, before he managed to flee the scene.
Simon apologized when he appeared before Judge Michael T. Vough to be sentenced on an involuntary manslaughter charge.
Simon’s attorney, Theron J. Solomon, said his client went against his legal advice and pled guilty to the charge May 22. Solomon noted the incident was an accident, saying numerous videos were recorded by ATV drivers kicking Simon’s vehicle and taunting him.
Solomon requested a house arrest sentence for Simon, telling Vough that Simon did not “run down” Thiemann, but the tires on their vehicles collided causing Thiemann to lose control of his ATV.
Thiemann’s father and mother, Jim and Lynette, and sister, Morgan, asked Vough to impose the maximum sentence while describing their loving son, who was a wrestler and played football at Hanover Area.
“We will spend the rest of our lives in grief,” Jim Thiemann said, telling Vough that Simon used his vehicle as a weapon.
“Richard Simon caused the death of our son. Mr. Simon is a danger to society,” Lynnette Thiemann said, recalling the emotional trauma of her son on life support and making the decision to donate his organs. “A mother should never have to do this.”
“My brother is serving a life sentence. A lenient sentence would send the wrong message,” Morgan Thiemann said.
Lynnette Thiemann asked Vough to impose the harshest punishment and to “send Simon as far away from Wilkes-Barre.”
Vough sentenced Simon to 18-months to three-years in state prison for the fatal ATV crash plus an additional six-months to one-year for burglarizing a house under renovations on West Union Street, Nanticoke, and stealing tools and materials on Jan. 24, 2024. Upon his release from prison, Simon was ordered to spend three years on probation.