Festa is charged with homicide by motor vehicle, involuntary manslaughter, reckless endangerment and simple assault after the December 2011 incident where he struck and killed 13 year old Ashley Clark and injured another teen at a bus stop along route 97.
The criminal charges were originally dropped after Erie County judge Shad Connelly ruled that evidence suggested there was no criminal intent in the case.
The district attorneys office appealed that decision to the PA Superior and Supreme Court and won.
Opening statements are expected to begin this afternoon.
We will have the latest on JET24 Action News at 5.
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