Driver charged after 8-year-old boy killed, brother injured in Queens crosswalk
EAST ELMHURST, Queens (WABC) -- A 52-year-old with a history of driving recklessly was charged after striking two brothers -- and killing one -- in East Elmhurst on Wednesday afternoon.
The two young brothers were walking with their mother in a crosswalk when a pickup truck crashed into them in Queens.
Bayron Palomino Arroyo, 8, was killed and his 10-year-old brother Bradley Palomino was injured.
The driver, 52-year-old Jose Barcia, was taken into custody.
Police say Barcia went around another vehicle at the intersection in a 2005 Nissan Titan pickup truck at 100th Street and 31st Avenue around 4:15 p.m. Wednesday.
Police say Barcia failed to give way to traffic and the family as they crossed in the marked crosswalk.
Bayron died at the scene while his older brother was taken to a local hospital. He was later released with a cast on his wrist.
"We were just going to cross the street, but the car was turning, and it hit me and my brother," Bradley Palomino said.
Barcia has four prior vehicular arrests -- two for aggravated unlicensed operation of a motor vehicle in 2009, two more in 2010.
He's now charged with criminally negligent homicide, failure to yield to a pedestrian, failure to exercise due care and driving at an unsafe speed.
Barcia was released on supervised release and ordered to return to court June 24. Prosecutors had asked for $50,000 bail.
The brothers' older sister was preparing for Bayron's 9th birthday -- not his funeral.
"We already had his gift for his birthday, and seems like he'll never receive it in person," said Sherlyn Palomino. "Bayron was so young and he was also always so happy and cheerful."
Loved ones gathered at a memorial for the young victim as they tried to ease the pain. Some left Bayron's favorite snacks while their mother explained what a nightmare it all has been.
"Imagine, I was walking with him and he was playing with me," their mother said.
As police increased their traffic enforcement on Thursday, she said she had just one ask.
"I don't understand it, please be more careful and more cautious," their mother said.
The intersection has not been the site of a crash in at least the past two years.
State Senator Jessica Ramos took to social media emphasizing the need for pedestrian safety in the budget due April 1st.
The Mexican consulate plans to help the family saying,
"Early Thursday morning, once we learned that Mexicans were unfortunately involved, we established contact immediately and later we welcome both parents at the consulate facilities. We express them our deepest condolences, and we offered them all the consular and legal advice needed, as well as all the support within our reach. One of our consular officers is accompanying the family to assist them, providing continuous support and guidance through every step of the necessary procedures with both the city authorities and funeral homes. Lastly, the Consulate will do anything at hand, in order to bring justice to Bayron's family. There should be no impunity."
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