NEW YORK (1010 WINS/WCBS 880) — The driver who struck and killed an eight-year-old boy in Queens on Wednesday has been charged with criminally negligent homicide and other related charges, the Queens District Attorney’s Office announced on Thursday.
Jose 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.
These charges came after 4:15 p.m. on Wednesday when Barcia, who was driving a gray 2005 Nissan Titan westbound on 31st Avenue in East Elmhurst, came to a stop at a red light at the intersection of 100th Street.
Video surveillance showed that when the light turned green, Barcia made a left turn onto southbound 100th Street while speeding and without deferring to pedestrians, prosecutors said.
As the defendant drove, three individuals—with the right of way, and a walk sign in their favor—were crossing the street.
Barcia struck two children, eight and 10, who were accompanied by their mother.
Bayron Palomino Arroyo, eight, was pronounced dead at the scene. His brother, Bradley Palomino, was sent to the hospital with a wrist injury and bruising and pain to the head.
“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,” Queens DA Melissa Katz said.
Barcia remained at the scene and police said he was the first 911 caller. He was taken into custody and charged shortly after.
Sources tell 1010 WINS/WCBS 880 that Barcia has previous driving-related arrests.
If convicted, Barcia faces up to four years in prison. He is expected to return to court on June 24.
A candlelight vigil was held at 8 p.m. on Thursday in East Elmhurst to honor Bayron’s life.
Video posted to Citizen App showed a large crowd of people, musicians, candles, flowers and twinkling lights as the community rallied around Bayron’s family.
