Elvin Rivera pleaded not guilty after prosecutors said his pickup killed 1-year-old Justin Hu in Queens.

Manslaughter, vehicular manslaughter, assault, and the impaired-driving counts are accusations. A not-guilty plea and a remand without bail decide custody, not guilt. Prosecutors say a test at the scene showed cocaine and THC, that Rivera failed a field sobriety test, and that he has an open Bronx DWI case from April. If a jury convicts on the top count, he faces up to 15 years. The next date is Oct. 19 in Queens Criminal Court.

The New York Post reported that Elvin Rivera, 57, allegedly drove a white Chevrolet Silverado through a stop sign on 32nd Avenue in Murray Hill, Queens, around 8:30 a.m. Sunday, Oct. 11, 2026, and struck a nanny who was pushing a stroller. ABC7 New York reported prosecutors say he rolled through the sign at Murray Street and 32nd Avenue, accelerated into the intersection, and hit the stroller. One-year-old Justin Hu was pronounced dead at a hospital. The nanny suffered a right-arm injury, the Post and ABC7 reported. Rivera stayed at the scene, both outlets reported.

Prosecutors say Rivera had traces of cocaine and THC in his system and failed a field sobriety test, the New York Post reported. ABC7 reported the same drug-test result and the same failed field test, and both outlets reported an open DWI case in the Bronx from an April incident. Those details are what prosecutors allege about impairment and the earlier case. They have not been proved at a trial on this crash.

The Post reported Rivera was arraigned Monday, Oct. 12, before Judge Michael Katz on charges including manslaughter, vehicular manslaughter, assault, operating a motor vehicle under the influence, driving while impaired, reckless driving, and driving without a license. ABC7 reported the same arraignment and listed second-degree manslaughter, second-degree vehicular manslaughter, and second-degree assault among the counts. He pleaded not guilty and was remanded without bail, the Post reported. He faces up to 15 years on the top count and is due back in Queens Criminal Court on Oct. 19. Queens District Attorney Melinda Katz called the loss "completely avoidable," ABC7 and the Post reported, and told the Post her office "will aggressively seek justice for Justin Hu and his family." All defendants are presumed innocent until proven guilty in a court of law.