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Intoxicated Queens driver killed baby after running stop sign, indictment says
By
Giulia Heyward
Published Nov 6, 2026 at 4:29 p.m. ET
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By
Giulia Heyward
Published Nov 6, 2026 at 4:29 p.m. ET
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A Flushing man has been indicted on charges including manslaughter after he allegedly sped past a stop sign while on cocaine and THC, then struck and killed a 1-year-old boy in a stroller.
Elvin Rivera, 57, was driving in a residential area of Flushing around 8:35 a.m. on Oct. 11 when he ran through a stop sign on 32nd Avenue, traveling northbound on Murray Street, according to the indictment.
He then sped through the intersection and struck the stroller, which was being pushed by the 1-year-old’s nanny, authorities say.
The Queens District Attorney’s Office said Rivera remained on the scene, where he failed drug sobriety and field tests. A blood test later confirmed the presence of THC and cocaine, the DA’s office said. Rivera had also been driving in violation of restrictions resulting from a DWI case in April, according to the DA’s office.
The child, 1-year-old Justin Hu, was rushed to the hospital, where he was later pronounced dead, according to Queens District Attorney Melinda Katz.
“Our thoughts are with Justin’s family as they mourn this unimaginable loss,” Katz said in a statement Friday.
The indictment charges Rivera with 12 counts, including manslaughter, vehicular manslaughter, assault, driving while impaired, failure to exercise due care and failing to stop at a sign.
He could face up to 15 years in prison if convicted of the top charge, and is scheduled to return back to court on Jan. 7.
Attorney information for Rivera was not immediately available.
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public safety
queens
Giulia Heyward
Giulia Heyward is a breaking news reporter on the Day-Of desk. She previously worked at NPR, as a breaking news reporter, and the New York Times, as a reporting fellow on the national desk. Her work has also appeared in CNN, The Atlantic and Politico. Got a tip? Email [email protected] or more securely on signal at 917-715-1458.
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