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Flushing man charged with criminally negligent homicide in collision that killed youngster in East Elmhurst: DA

Mar. 15, 2024 By Bill Parry

A Flushing man was criminally charged in connection to a fatal collision that killed an 8-year-old boy in East Elmhurst on Wednesday afternoon.

Jose Barcia, 52, was arraigned in Queens Criminal Court on Thursday on charges of criminally negligent homicide and other crimes for running over Bayron Palomino Arroyo and injuring his 10-year-old brother in front of their mother while they were in the crosswalk at 31st Avenue and 100th Street.

The boys were crossing the street with a green light in broad daylight at the time of the fatal collision, according to Queens District Attorney Melinda Katz.

“Driving carries with it a huge responsibility,” Katz said. “This tragedy is as senseless as it is horrific.”

According to the charges, at approximately 4:15 p.m. on March 13, Barcia was behind the wheel of a gray 2005 Nissan Titan traveling westbound on 31st Avenue when he came to a stop at a steady red light at the intersection near the First Baptist Church of East Elmhurst. 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,” according to the charges.

As Barcia approached the marked crosswalk, the mother and her young sons were crossing the street with the right of way and a walk signal in their favor when Barcia struck the two children.

Bayron Palomino Arroyo was run over and pronounced dead at the scene by first responders. EMS transported his brother Bradley to New York-Presbyterian Hospital Queens with an injury to his wrist, as well as bruising and pain to his head.

Barcia remained at the scene and was taken into custody and booked at the 115th Precinct in Jackson Heights later that evening. The mother was not injured and the investigation by the NYPD Highway District’s Collision Investigation Squad and the Queens District Attorney’s Vehicular Homicide Unit remains ongoing.

“The rules of the road exist to safeguard everyone,” Katz said. “A young life has been cut short and a family is mourning because of the driver’s disregard for those rules. My deepest condolences are with the loved ones affected by this heartbreaking incident.”

A family friend launched a GoFundMe account to help pay for the youngster’s funeral. Barcia was also charged with 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.

Queens Criminal Court Judge Anthony Battisti ordered Barcia to return to court on June 24. He faces up to four years in prison if convicted.

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