A truck driver, reportedly under the influence, was accused of running a stop sign and hitting a nanny pushing a stroller in Queens on Sunday morning, resulting in the tragic death of the one-year-old child inside.
The incident involved 57-year-old Elvin Rivera, who allegedly drove his white Chevrolet Silverado through a stop sign at 32nd Avenue in Murray Hill around 8:30 a.m., colliding with Justin Hu and his nanny, according to information from the Queens District Attorney’s Office.
Emergency services promptly transported both individuals to a nearby hospital, where Justin was pronounced dead shortly after arrival. His nanny sustained an injury to her right arm, authorities noted.
Rivera remained at the scene and, according to prosecutors, tested positive for cocaine and THC, and did not pass a field sobriety test. It was also revealed that he had an ongoing DWI case in the Bronx linked to an incident from April.
Queens District Attorney Melinda Katz described the death of young Justin as “heartbreaking” and emphasized that it was “completely avoidable.” She remarked that unfortunate incidents involving innocent victims due to impaired and reckless driving occur frequently and stated her office’s commitment to pursuing justice for Justin and his family.
At his arraignment on Monday, Rivera faced multiple charges including manslaughter, vehicular manslaughter, assault, operating a motor vehicle under the influence, and reckless driving, among others.
Pleading not guilty, Rivera was ordered to be held without bail by Judge Michael Katz. If found guilty of the most severe charge, he could face up to 15 years in prison.
An attorney representing Rivera had not responded to requests for comments by the time of publication. Rivera is scheduled to return to Queens Criminal Court on October 19.
