A pick-up truck driver whose license was suspended after a recent drunk driving arrest was high on cocaine when he blew through a stop sign in Queens and crashed into a stroller, killing a one-year-old boy and injuring his nanny, has been charged with manslaughter, District Attorney Melinda Katz said.
Elvin Rivera, 57, was also charged with vehicular manslaughter, assault, driving while ability impaired and driving without a license. He was arraigned Monday and pleaded not guilty. The judge ordered him held without bail.
The fatal collision happened in Flushing 8:35 a.m. Sunday when Rivera, driving a white Chevrolet Silverado north on Murray St., ran the stop sign at 32nd Ave. and struck the stroller, Katz said.
The victim, Justin Hu, was rushed to the hospital but could not be saved.
His nanny, who was pushing the stroller, was treated for injuries to her right arm.
Rivera at the scene failed a drug test, with cocaine and THC, the psychoactive compound in cannabis, detected in his system, Katz said, noting Rivera’s pending DWI case in the Bronx.
Rivera was busted in that borough in April, his license suspended after he pleaded not guilty and released without bail, records show.
“This heartbreaking loss of this baby was completely avoidable,” Katz said. Tragically, innocent victims are killed every day in this county due to drugged and reckless driving, and my office will aggressively seek justice for Justin Hu and his family.”