Press Release


Queens District Attorney Melinda Katz announced today that Xavier Carchipulla, 40, has been charged with criminally negligent homicide, leaving the scene of an incident and other crimes for allegedly striking a 5-year-old pedestrian with his 2018 Dodge Ram pickup truck. The defendant, whose license was suspended at the time of the incident, immediately fled the scene without stopping.

District Attorney Katz said, “This is a gut-wrenching case involving a young life cut tragically short because of the defendant’s alleged criminal negligence while behind the wheel. My heart goes out to the young victim’s family and loved ones. The rules of the road, including the requirement of a valid driver’s license before driving, exist to keep motor vehicles from becoming deadly weapons of destruction. The defendant stands accused of ignoring these rules, with absolutely tragic consequences. He now faces justice in our courts.”

Carchipulla, of 33rd Street, Astoria, is currently pending arraignment in Queens Criminal Court on a complaint charging him with leaving the scene of an incident without reporting/death, criminally negligent homicide, aggravated unlicensed operation of a motor vehicle in the third degree, aggravated unlicensed operation of a motor vehicle in the second degree, failure to exercise due care, driving or parking uninspected motor vehicle, no insurance, registration of motor vehicles; fees; renewals and driving by unlicensed operator. If convicted, Carchipulla faces up to 7 years in prison.

District Attorney Katz said that on September 1, 2022, at approximately 5:28 p.m., the victim, Jonathan Martinez, 5, began walking on 100th Street next to his father and siblings. As they 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 in front of the family, striking Jonathan who was still standing 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. In addition, the license plate affixed to the vehicle does not properly correspond to the vehicle identification number.

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.