A Queens nanny pushing a stroller was struck by a pickup truck Sunday morning after prosecutors said the driver ran a stop sign, killing the 1-year-old boy inside. The driver, who allegedly had cocaine in his system and an active DWI case, remained at the scene.
Elvin Rivera, 57, was behind the wheel of a white Chevrolet Silverado when he allegedly sped through a stop sign on 32nd Avenue in Murray Hill at about 8:30 a.m., hitting the nanny and baby Justin Hu, according to the Queens District Attorney’s Office.
Emergency medical responders transported Justin and his nanny to a nearby hospital. The child was pronounced dead shortly afterward, while the nanny was treated for an injury to her right arm, authorities said.
Prosecutors said Rivera allegedly tested positive for cocaine and THC and failed a field sobriety test. They also disclosed that he had an unresolved DWI case in the Bronx stemming from an April incident.
Queens District Attorney Melinda Katz described Justin’s death as a “heartbreaking” tragedy that was “completely avoidable.”
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“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,” Katz said in a statement.
Rivera faced multiple charges during his arraignment Monday, including manslaughter, vehicular manslaughter, assault, operating a motor vehicle under the influence, driving while impaired, reckless driving and driving without a license.
Rivera pleaded not guilty. Judge Michael Katz ordered him held without bail and remanded him into custody.
If convicted on the top charge, Rivera could receive a prison sentence of up to 15 years.
An attorney representing Rivera did not respond to a request for comment by the time of publication.
Rivera is scheduled to return to Queens Criminal Court on Oct. 19.