By Forum Staff
Queens District Attorney Melinda Katz announced that Jose Barcia was arraigned on Thursday for allegedly speeding across traffic and through a crosswalk while making a left turn, killing an 8-year-old boy and injuring his 10-year-old brother in East Elmhurst. The boys and their mother were crossing the street with a green light in broad daylight at the time of the fatal collision.
Barcia, 52, of Flushing, was arraigned on charges of criminally negligent homicide, failing to yield to oncoming traffic while making a left turn, disobeying speed restrictions, two counts of failing to provide the right of way to pedestrians, and two counts of failing to exercise due care.
According to the charges:
On March 13, at approximately 4:15 p.m., Barcia was driving a gray 2005 Nissan Titan westbound on 31st Avenue when he came to a stop at a steady red light at the intersection of 31st Avenue and 100th Street.
Photo Courtesy of Autoblog
Barcia was driving a gray 2005 Nissan Titan, similar to the one pictured.
Video surveillance shows that when the light turned green, Barcia proceeded to make a left turn onto southbound 100th Street at an unsafe speed without yielding to oncoming traffic.
As Barcia approached the marked crosswalk, three pedestrians were crossing the street with the right of way and a walk signal in their favor: an 8-year-old boy, his 10-year-old brother, and their mother.
Barcia struck the two children. The 8-year-old was run over and pronounced dead at the scene. The 10-year-old was transported to a nearby hospital with an injury to his wrist, as well as bruising and pain to his head.
Barcia stayed at the scene and was charged shortly afterward.
The investigation by the NYPD Highway District’s Collision Investigation Squad and the Queens District Attorney’s Vehicular Homicide Unit is ongoing.
“Driving carries with it a huge responsibility. This tragedy is as senseless as it is horrific. The rules of the road exist to safeguard everyone. A young life has been cut short and a family is in mourning because of the driver’s disregard for those rules,” Katz said. “My deepest condolences are with the loved ones affected by this heartbreaking incident.”
If convicted, Barcia faces up to four years in prison.
