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A coked-up pickup truck driver with an open DWI case slammed into a nanny pushing a stroller in Queens Sunday morning, killing the 1-year-old baby inside, after blowing through a stop sign, prosecutors said.
Elvin Rivera, 57, allegedly sped his white Chevrolet Silverado through a stop sign on 32nd Avenue in Murray Hill at around 8:30 a.m. and struck Justin Hu and his nanny, according to the Queens District Attorney’s Office.
EMS rushed the pair to a nearby hospital, where Justin was pronounced dead soon after. His nanny suffered an injury to her right arm, authorities said.
Rivera, who stayed at the scene, allegedly had traces of cocaine and THC in his system and failed a field sobriety test, according to prosecutors. The pickup truck driver also had an open DWI case in the Bronx from an April incident, prosecutors revealed.
Queens DA Melinda Katz called the “heartbreaking” loss of baby Justin “completely avoidable.”
“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 was slapped with a slew of charges at his arraignment Monday, including manslaughter, vehicular manslaughter, assault, motor vehicle under the influence, driving while impaired, reckless driving and driving without a license.
Rivera, who pleaded not guilty, was remanded by Judge Michael Katz and held without bail.
If convicted of the top charge, he could face 15 years in prison.
An attorney for Rivera did not respond to requests for comment by publication time.
The alleged drugged driver is due back in Queens Criminal Court on Oct. 19.
