A Valley Stream man has been indicted in connection with a fatal crash that killed a pedestrian in Hempstead on Halloween.
Prosecutors allege that Jose Forero, 72, was intoxicated and under the influence of alcohol and opioids at the time of the incident.
Forero was arraigned Thursday before Judge Robert Schwartz on a grand jury indictment charging him with vehicular manslaughter in the first degree, two counts of driving while intoxicated; and driving while ability impaired by the combined influence of alcohol and any drug.
According to the indictment, on Oct. 31, at 11:40 p.m., Forero was driving a 2023 Jeep Gladiator traveling south in the left lane of North Franklin Street in Hempstead. At the same time, William Rojas, 23, was crossing North Franklin Street heading east between Jackson and Centre streets with a group of friends.
Prosecutors said that Rojas stopped in the left lane of travel to pick something up from the roadway when Forero drove through a yellow light and struck him. Forero stopped at the scene, and witnesses called emergency services.
Rojas was transported to NYU Langone Hospital–Long Island with significant injuries, including skull fractures. He was pronounced dead at 3:28 a.m.
The subsequent investigation determined that after dropping off a family member at a Halloween party, Forero allegedly went to a bar in Garden City, where he consumed alcoholic drinks. Blood drawn from Forero showed a blood alcohol concentration of 0.12 percent an hour and a half after the crash. Testing also revealed the presence of Tramadol, an opioid.
"This defendant is a recidivist drunk driver, previously convicted of a Leandra's Law DWI in Nassau County seven years ago,” Nassau County District Attorney Anne Donnelly said in a news release. “After dropping off a family member at a Halloween get-together, Forero allegedly made the careless decision to stop off at a bar to drink before driving home. A choice that tragically sealed the fate of William Rojas. Forero struck William as he walked across the street with friends, causing catastrophic head injuries that the 23-year-old sadly succumbed to at the hospital. Another preventable tragedy, and life lost, because of drunk driving."
Forero was arrested by the Hempstead Police Department and the Nassau County Police Department on Nov. 1.
Forero pleaded not guilty and remains in custody. He is due back in court on Feb. 20. If convicted, he faces a potential sentence of five to 15 years in prison.
The charges are accusations, and the defendant is presumed innocent unless and until proven guilty
