Driver Charged In Crash That Killed Toddler In Flushing

QUEENS, NY — A driver has been charged after a crash that killed a 1-year-old boy in Flushing this past weekend, prosecutors said on Tuesday.

Elvin Rivera, 57, has been charged manslaughter, assault and operating a motor vehicle under the influence of alcohol/drugs, among other offenses.

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The incident happened on Sunday, Oct. 11 at Murray Street and 32nd Avenue.

According to prosecutors, Rivera is accused of rolling through a stop sign and continuing to drive into the intersection when he struck the boy and his nanny.

The 1-year-old was taken to a local hospital where he was pronounced dead.

The driver stayed at the scene and later failed a field sobriety test. Rivera had cocaine and THC in his system, according to police.

This heartbreaking loss of this baby was completely avoidable," Queens District Attorney Melinda Katz said. "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."

The 57-year-old faces five to 15 years in prison if convicted of the top charge.

Rivera is due back in court on Oct. 19.