Photo Courtesy of DA Katz
“Driving is a privilege; it is not a right. To drive without a license is to place your own wishes over the needs of other people’s safety, leading to heartbreaking results.” DA Katz said.
By Forum Staff
Queens District Attorney Melinda Katz announced on thursday that Xavier Carchipulla, who is not licensed to drive, has been indicted for allegedly driving a 2018 Dodge RAM that fatally struck a 5-year-old pedestrian in Astoria on Sept. 1 and for fleeing the scene after the incident.
Carchipulla, 40, of Astoria was arraigned Thursday before Queens Supreme Court Justice Toni Cimino on a seven-count indictment charging him with leaving the scene of an incident without reporting/death, criminally negligent homicide, operating an uninspected motor vehicle, operating or driving an unregistered motor vehicle, aggravated unlicensed operation of a motor vehicle in the second degree, operating or driving a motor vehicle without a license and failure to exercise due care.
According to the charges, on Sept. 1, at approximately 5:28 p.m., the victim, Jonathan Martinez, 5, was walking on 100th Street in Astoria next to his father and siblings. As the family attempted to cross 100th Street towards McIntosh Street, Carchipulla, who was driving a white 2018 Dodge Ram travelling northbound on Mcintosh Street, made a southbound turn onto 100th Street and struck Jonathan as he stood next to his father. After striking the victim, Carchipulla allegedly continued driving down 100th Street and did not stop.
The victim was immediately rushed to an area hospital where he was treated for severe head trauma and severe injuries to his torso. He was later pronounced dead.
According to the State motor vehicle database, the defendant does not possess a valid New York State driver’s license, which was previously suspended, and that the RAM does not have valid registration.
Katz said, “The defendant’s alleged criminal negligence while behind the wheel has brought absolute devastation to a family that continues to mourn their young child. Driving is a privilege; it is not a right. To drive without a license is to place your own wishes over the needs of other people’s safety, leading to heartbreaking results. My Office will hold accountable those who choose to disregard the rules of the road and license requirements. Our thoughts continue to go out to the family of this victim as the defendant faces justice in our courts.”
If convicted, Carchipulla faces up to seven years in prison.