A 1-year-old boy was killed Sunday morning when a pickup truck ran a stop sign and struck the stroller his nanny was pushing along 32nd Avenue in Flushing, according to Queens prosecutors. The child, identified as Justin Hu, was hit at roughly 8:35 a.m. at Murray Street and 32nd Avenue and was pronounced dead shortly after arriving at a hospital.
Prosecutors with the Office of the District Attorney Queens County say 57-year-old Elvin Rivera was behind the wheel of a white Chevrolet Silverado pickup truck when he rolled through a stop sign and accelerated into the intersection, striking the stroller as the baby's nanny pushed it along 32nd Avenue. The nanny suffered pain and damage to her right arm, according to ABC7 New York, which first reported details of the crash. Rivera remained at the scene, where he failed a field sobriety test, authorities said, and a drug test detected cocaine and THC in his system.
Driver Had Open DWI Case From the Bronx
The station's report notes that Rivera had an open DWI case out of the Bronx dating back to April, raising questions about how he was still driving months later when the fatal Flushing crash occurred. Queens District Attorney Melinda Katz said the baby's death was avoidable, alleging that Rivera drove while impaired by cocaine and THC, ran a stop sign, and killed the child.
Rivera was formally arraigned Monday before Judge Michael Katz in Queens Criminal Court, charged with second-degree vehicular manslaughter, second-degree assault, operating a motor vehicle under the influence of drugs, driving while ability impaired by the combined influence of drugs or alcohol, reckless driving, and driving by an unlicensed operator. Per the same account, he faces a potential prison sentence of five to 15 years if convicted of the top charge and is due back in court on October 19.
The intersection where the crash happened sits within the NYPD's 109th Precinct, which covers Downtown Flushing, College Point, and Whitestone, Hoodline has reported.
What the Charges Could Mean Legally
Under New York State Vehicle and Traffic Law Section 1192(4), Driving While Ability Impaired by Drugs is charged when a driver's ability to operate a vehicle is impaired to any degree by a controlled substance, according to The Law Offices of Jeffrey Lichtman, which notes the charge applies to both illegal narcotics and controlled prescription drugs. Separately, New York Penal Law Section 125.12 classifies second-degree vehicular manslaughter as a Class D felony, with a maximum sentence of seven years in state prison.
A Grim Exception to Falling Child Death Numbers
The Flushing crash arrives even as citywide and borough-level traffic data show substantial improvement. In 2024, 16 children aged 17 and under were killed in NYC traffic crashes. In Queens specifically, traffic fatalities dropped 23% in 2025 to 57 total deaths, down from 74 the year before, with pedestrian deaths in the borough down 48% from the 2013 baseline; Vision Zero launched in 2014, according to Make Queens Safer.
Mayor's Vision Zero Overhaul Still Taking Shape
In September, Mayor Zohran Mamdani introduced Vision Zero Reimagined, a plan, according to information released by NYC.gov. The Flushing crash underscores the immediate dangers posed by drivers like Rivera, who prosecutors say was already facing an open impaired-driving case when the fatal collision occurred.
The crash also recalls an August Brooklyn sidewalk crash that injured a mother and children. Rivera is scheduled to return to Queens Criminal Court on October 19.
