A pickup truck driver with an open DWI case allegedly sped through a Queens stop sign while under the influence of drugs Sunday morning, striking a nanny who was pushing a stroller and killing the 1-year-old baby inside, prosecutors said.
Elvin Rivera, 57, was driving a white Chevrolet Silverado when he allegedly ran the stop sign on 32nd Avenue in Murray Hill at about 8:30 a.m. and hit Justin Hu and his nanny, according to the Queens District Attorney’s Office.
Emergency medical workers took both victims to a nearby hospital. Justin was pronounced dead shortly afterward, while his nanny suffered an injury to her right arm, authorities said.
Rivera remained at the scene, but prosecutors said he had cocaine and THC in his system and failed a field sobriety test. They also said he had an open DWI case in the Bronx stemming from an April incident.
Queens District Attorney Melinda Katz described the “heartbreaking” death of baby Justin as “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 numerous charges at 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.
A conviction on the top charge could result in a prison sentence of up to 15 years.
An attorney representing Rivera did not respond to a request for comment by publication time.
Rivera is scheduled to return to Queens Criminal Court on Oct. 19.
