Baby Killed, Nanny Injured After Driver Runs Stop Sign in Queens
Prosecutors allege the driver, who had an open DWI case, was under the influence of drugs when he struck the pair in Murray Hill.
A 1-year-old baby was killed and his nanny injured when a driver allegedly ran a stop sign in Queens and struck them while pushing a stroller on Sunday morning. The incident occurred around 8:30 a.m. at the intersection of 32nd Avenue in Murray Hill.
Prosecutors allege that Elvin Rivera, 57, was driving a white Chevrolet Silverado when he failed to stop at the sign and collided with the baby, identified as Justin Hu, and his nanny. Emergency services transported the pair to a nearby hospital, where Justin was pronounced dead shortly after arrival. The nanny sustained an injury to her right arm.
Rivera, who remained at the scene, reportedly had traces of cocaine and THC in his system and failed a field sobriety test, according to the Queens District Attorney’s Office. Authorities also revealed that Rivera had an open driving while intoxicated (DWI) case in the Bronx stemming from an April incident.
Queens District Attorney Melinda Katz described the infant's death as a "heartbreaking" and "completely avoidable" loss. "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 faces a series of charges, including manslaughter, vehicular manslaughter, assault, motor vehicle under the influence, driving while impaired, reckless driving, and driving without a license. He pleaded not guilty during his arraignment on Monday before Judge Michael Katz. He was remanded and held without bail. If convicted of the most serious charge, Rivera could face up to 15 years in prison.
Rivera's attorney did not respond to requests for comment. He is scheduled to appear in Queens Criminal Court again on October 19.