A Long Island City man was arraigned on second-degree manslaughter and other charges for allegedly striking and killing a 37-year-old bicyclist while driving while under the influence of alcohol.
The defendant was identified t as Alex J. Batista, 25, of 53-36 Van Dam Street, in Long Island City, Queens. He was arraigned last Friday night before Queens Criminal Court Judge Michael Yavinsky on a criminal complaint charging him with one count of second-degree manslaughter, one count of leaving the scene, one count of second- degree vehicular manslaughter, one count of operating a motor vehicle while under the influence of alcohol or drugs and one count of unlawful possession of marijuana. Batista is charged in a separate criminal complaint with one count of disorderly conduct.
According to the charges, the defendant was speeding in a 2006 Black Infinity M35 four-door sedan eastbound on Greenpoint Avenue at approximately 10:51 p.m. last Wednesday when he struck Roger G. Hernandez, 37, as he rode his bicycle eastbound on Greenpoint Avenue between 39th Place and 39th Street, with the flow of traffic. Hernandez was thrown from his bike and landed on the hood of the car that struck him, smashing the windshield before being thrown off and landing in the street. Hernandez was pronounced dead at the scene as a result of massive head and body trauma.
The defendant allegedly fled the scene in his vehicle, which was sub- sequently observed after it crashed into a building at 58-16 Laurel Hill Boulevard, approximately 10 blocks from the scene of the collision.
The defendant was allegedly lying on the sidewalk a few car lengths from his vehicle in what appeared to be intoxicated condition with bloodshot, watery eyes, slurred speech, an odor of alcohol, and acting in an extremely belligerent manner.
According to police sources, two bags of marijuana were recovered from the defendant. A second criminal complaint charges the defendant with disorderly conduct for allegedly being highly uncooperative with police at the scene and approaching a police officer in a threatening manner after being told to stay back.
District Attorney Richard Brown said, “This defendant’s decision to get behind the wheel of a car while allegedly intoxicated is incomprehensible and cost an innocent young man his life. Drinking and driving is never a good idea—and all too often has deadly consequences. ”
The defendant, who faces up to 15 years in prison if convicted, was ordered held on $300,000 bail and to return to court on August 9, 2012.
By Patricia Adams
