NEW YORK (1010 WINS/WCBS 880) — A driver was indicted in a crash that killed an 8-year-old boy and injured his 10-year-old brother in Queens last month, Queens District Attorney Melinda Katz announced on Monday.
Jose Barcia, 52, was indicted on criminal charges for allegedly speeding through a crosswalk while making a left turn, killing an 8-year-old boy and injuring his 10-year-old brother in East Elmhurst.
According to the criminal complaint, at approximately 4:15 p.m. on March 13, 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.
Video surveillance showed 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, an 8-year-old boy, his 10-year-old brother, and their mother were crossing the street with the right of way and a walk signal in their favor.
Barcia struck the two children. The 8-year-old was pronounced dead at the scene. The10-year-old brother was transported to an area hospital with an injury to his wrist, as well as bruising and pain to his head, officials said.
Barcia remained at the scene and was charged shortly afterward.
Barcia was previously charged in a criminal complaint on March 14 with 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.
Barcia will be arraigned on the indictment May 2.
"Both victims in this case, the boy who died and his brother, were with their mother crossing the street with the light in their favor in broad daylight," DA Katz said. "This tragedy was completely preventable, if not for the alleged recklessness of the defendant. The grand jury handed up an indictment on serious charges against this defendant. I continue to send my deepest condolences to the young victims' loved ones."
