DISTRICT ATTORNEY KATZ SECURES INDICTMENT OF UNLICENSED DRIVER IN DEADLY HIT-AND-RUN OF 5-YEAR-OLD BOY
Queens District Attorney Melinda Katz announced today that Xavier Carchipulla has been indicted by a Queens County grand jury and arraigned in Supreme Court on charges of criminally negligent homicide and other crimes. The defendant, who is not licensed to drive, is alleged to have been the driver of a 2018 Dodge RAM that fatally struck a five-year-old pedestrian on September 1 and to have fled the scene after the incident.
District Attorney Katz said, “The defendant’s alleged criminal negligence while behind the wheel has brought absolute devastation to a family that continues to mourn their young child. Driving is a privilege; it is not a right. To drive without a license is to place your own wishes over the needs of other people’s safety, leading to heartbreaking results. My Office will hold accountable those who choose to disregard the rules of the road and license requirements. Our thoughts continue to go out to the family of this victim as the defendant faces justice in our courts.”
Carchipulla, 40, of 33rd Street in Astoria, Queens, was arraigned today before Queens Supreme Court Justice Toni Cimino on a seven-count indictment charging him with leaving the scene of an incident without reporting/death, criminally negligent homicide, operating an uninspected motor vehicle, operating or driving an unregistered motor vehicle, aggravated unlicensed operation of a motor vehicle in the second degree, operating or driving a motor vehicle without a license and failure to exercise due care. Justice Cimino ordered the defendant to return to Court on November 16. If convicted, Carchipulla faces up to 7 years in prison.
According to the charges, on September 1, at approximately 5:28 p.m., the victim, Jonathan Martinez, 5, was walking on 100th Street in Astoria next to his father and siblings. As the family attempted to cross 100th street towards McIntosh Street, the defendant, who was driving a white 2018 Dodge Ram travelling northbound on Mcintosh Street, made a southbound turn onto 100th Street and struck Jonathan as he stood next to his father. After striking the victim, defendant continued driving down 100th Street and did not stop.
The victim was immediately transported to a local Queens hospital where he was treated for severe head trauma and severe injuries to his torso. He was later pronounced deceased as a result of his injuries.
According to the New York State motor vehicle database, the defendant does not possess a valid New York State driver’s license, which was previously suspended, and that the RAM does not have valid registration.
The investigation was conducted by Detective James Conlon of the New York City Police Department’s Collision Investigations Squad under the supervision Sergeant Robert Denig.
Assistant District Attorney Alyssa W. Mendoza, of the District Attorney’s Career Criminal Major Crime Bureau is prosecuting the case under the supervision of Assistant District Attorneys Shawn Clark, Bureau Chief and Michael Whitney, Deputy Chief and under the overall supervision of Executive Assistant District Attorney for Major Crimes Daniel A. Saunders.
**Criminal complaints and indictments are accusations. A defendant is presumed innocent until proven guilty.