A 57-year-old man has been charged with manslaughter after prosecutors said he ran a stop sign while impaired by cocaine and THC and struck a stroller in Flushing, killing a 1-year-old boy.

Elvin Rivera, of 150th Place, was charged with second-degree manslaughter, second-degree vehicular manslaughter, second-degree assault, operating a motor vehicle under the influence of alcohol or drugs, driving while ability impaired by the combined influence of drugs or of alcohol and any drug, reckless driving, driving by an unlicensed operator and related charges, ABC7ny reported. He pleaded not guilty.

The crash happened at about 8:35 a.m. on Sunday, October 11, at Murray Street and 32nd Avenue in the Murray Hill section of Flushing, according to QNS. Prosecutors allege Rivera was driving a white 2016 Chevrolet Silverado pickup north on Murray Street when he rolled through a stop sign without stopping, accelerated through the intersection and hit a stroller being pushed by a nanny. QNS reported that the child and the nanny were in a marked crosswalk and had the right of way.

The boy, identified by QNS as 1-year-old Justin Hu, was taken by EMS to Jacobi Hospital in critical condition and was later pronounced dead. The nanny, 69, was taken to New York-Presbyterian Queens Hospital, where she was listed in stable condition with damage to her right arm. QNS reported that the crash occurred three blocks from the child’s home on Bayside Avenue.

Rivera remained at the scene and was taken into custody by officers from the 109th Precinct, QNS reported. He failed a field sobriety test, and a drug test administered at the scene detected cocaine and THC in his system, according to the outlet.

Queens District Attorney Melinda Katz said in a statement reported by ABC7ny: “This heartbreaking loss of this baby was completely avoidable.” She added: “As alleged, Elvin Rivera got behind the wheel of his pickup truck on a Sunday morning while impaired by both cocaine and THC. He then recklessly ran a stop sign, accelerated through the intersection and plowed into a 1-year-old boy who was being pushed in a stroller and killed the child.”

ABC7ny also reported that Rivera has an open DWI case in the Bronx from April 2026.

Rivera was arraigned Monday in Queens Criminal Court before Judge Michael Katz, who remanded him without bail and ordered him to return to court on Monday, October 19, QNS reported. If convicted of the top charge, he faces a maximum of five to 15 years in prison, according to ABC7ny.

Katz told QNS: “Tragically, innocent victims are killed every day in this country due to drugged and reckless driving, and my office will aggressively seek justice for Justin Hu and his family.”

The charges are allegations, and Rivera is presumed innocent unless proven guilty in court.

Frequently Asked Questions

Who is Elvin Rivera and what is he charged with?

Elvin Rivera is a 57-year-old Queens man charged with second-degree manslaughter, second-degree vehicular manslaughter, second-degree assault, and several impaired driving and reckless driving offenses. He has pleaded not guilty, and the charges are allegations that have not been proven in court.

Where and when did the Flushing crash happen?

The crash occurred at about 8:35 a.m. on Sunday, October 11, at Murray Street and 32nd Avenue in the Murray Hill section of Flushing, Queens. Prosecutors allege the driver ran a stop sign and struck a stroller in a marked crosswalk.

Who was the 1-year-old boy killed in the Flushing crash?

The boy was identified by QNS as 1-year-old Justin Hu. He was taken to Jacobi Hospital in critical condition and was later pronounced dead.

Was the driver impaired at the time of the Flushing crash?

Prosecutors allege that Rivera was impaired, and a drug test at the scene detected cocaine and THC in his system. He also failed a field sobriety test, according to the reporting.

What is the possible sentence if Elvin Rivera is convicted?

If convicted of the top charge, Rivera faces five to 15 years in prison. He was remanded without bail and is scheduled to return to Queens Criminal Court on October 19.

Editorial Transparency. A first draft of this story was produced with AI-assisted writing tools, then reviewed for accuracy and tone by the named editor before publication. More on our process: Editorial Policy.