A Queens grand jury has indicted a 57-year-old driver on 12 counts in connection with the death of a 1-year-old boy struck by a vehicle in Murray Hill, Flushing. Prosecutors said the driver was under the influence of cocaine and marijuana (THC) and was subject to driving restrictions stemming from a prior DWI case. On Friday the 6th, the court set bail at $250,000 cash.
A Queens grand jury has indicted Elvin Rivera, 57, of Flushing, on charges of striking and killing a 1-year-old boy with his vehicle at a stop-sign intersection in Murray Hill, Flushing, on the morning of Sunday, Oct. 11. On Friday, Rivera was arraigned in Queens Supreme Court on 12 counts, including manslaughter, vehicular manslaughter, assault, driving while impaired by drugs, unlicensed driving and reckless driving.
At about 8:35 a.m. on Sunday, Oct. 11, Rivera was driving a white 2016 Chevrolet Silverado pickup truck north on Murray Street toward 32nd Avenue. According to the charges, Rivera did not stop at the stop sign at 32nd Avenue, accelerated through the intersection and struck a stroller that had the right of way in the crosswalk. Justin Hu was seated in the stroller, which was being pushed by a 69-year-old nanny.
Emergency responders took Justin to Jacobi Hospital in critical condition, but the baby later died. The nanny was taken to New York-Presbyterian Queens Hospital with an injury to her right arm and was reported to be in stable condition. Rivera remained at the scene and was taken into custody by officers of the 109th Precinct. According to prosecutors, he failed a field sobriety test at the scene, and a drug test detected cocaine and marijuana (THC).
Rivera had a pending DWI case that began in the Bronx in April 2026, and as a result, the times and places he was permitted to drive were restricted. Prosecutors said he violated those restrictions by driving at the time of the crash. Queens District Attorney Melinda Katz said, "My thoughts are with Justin's family as they mourn an unspeakable loss."
Queens Supreme Court Justice Michael Hartofilis set bail at $250,000 cash or a $300,000 bond, with electronic monitoring as a condition. Rivera's next court date is Wednesday, Jan. 27, 2027. If convicted of the most serious charge, he faces five to 15 years in prison. All of the above are allegations made by prosecutors in the charging documents; guilt or innocence will be decided at trial.