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Astoria Man Charged With Criminally Negligent Homicide for Fatal Hit-and-Run of 5-Year-Old Boy

An Astoria man has been charged with criminally negligent homicide for a hit-and-run crash that killed 5-year-old Jonathan Martinez, pictured, in East Elmhurst last month. The driver was in a white pickup truck (Photos: GoFundMe, NYPD and Unsplash)

Oct. 20, 2022 By Christian Murray

An Astoria man has been charged with criminally negligent homicide for allegedly killing a 5-year-old boy with his pickup truck in East Elmhurst last month.

Xavier Carchipulla, 40, of 33rd Street, was arraigned today in Queens criminal court on a seven-count indictment charging him with leaving the scene of an incident without reporting/death, criminally negligent homicide, and a host of other charges. He allegedly plowed his white pickup truck into 5-year-old Jonathan Martinez at around 5:30 p.m. on Sept. 1.

Carchipulla, who was driving a 2018 Dodge Ram without a license, is accused of hitting Martinez as the boy was attempting to cross 100th Street – near the intersection of McIntosh Street — with his father and two brothers.

Martinez was holding his father’s hand at the time of the deadly incident. His father pulled him back as he saw the Dodge turning—but it was too late.

Carchipulla, who was travelling northbound on Mcintosh Street, struck the 5-year-old while making a southbound turn onto 100th Street. He then fled the scene — as Martinez’s family looked on in horror. The family lived about two blocks away from where the boy was struck.

Martinez suffered severe trauma to his head and torso but could not be saved.

Carchipulla, who works as a construction worker, has been arrested on at least two occasions for drunk driving, police 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,” said Queens District Attorney Melinda Katz in a statement. “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. “

Carchipulla faces up to 7 years in prison if convicted. He was ordered to reappear in court on Nov. 16.

The 2018 Dodge Ram allegedly used in the hit-and-run incident (Photo: NYPD)

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Robert

Driving without a license and arrested twice prior for drunk driving. He runs over this little boy and flees the scene. What a POS. Clearly this guy has no sense of following the law and could care less about those around him. When he gets out of prison, he will probably be back doing the same thing.. drinking and driving.. typical. The big question here is: he took someone’s life, why does he only have to serve 7 years ?

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Gary

I doubt that he will even put in the full seven. But it will be long enough to give the boy’s dad and uncles time to plan his coming out party.

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Fernando V

Totally agree. You shouldn’t get to just walk free in a couple of years when you took an innocent life. He took everything away from that boy. I wish they would allow the father just a couple of minutes alone with him. Or we could bring back the death penalty, save our tax dollars.

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