Sunrise Highway at Merrick Avenue, Merrick · Thursday, February 26, 2026, about 8:00 a.m.
A 30-year-old Queens man has been indicted on manslaughter and drugged-driving charges after prosecutors say he drove onto a Merrick sidewalk and struck John Miro, 70, a Nassau County Police crossing guard, who died of his injuries a week later.
What prosecutors say happened
According to the Nassau County District Attorney, Joshua Alvarado was driving a commercial pickup east on Sunrise Highway on his way to a service call when he fell asleep at the red light at Merrick Avenue. When the light turned green, other drivers' horns woke him, and he allegedly drove diagonally through the intersection, mounted the curb, and struck Mr. Miro, who had been clearing snow from the sidewalk and helping children cross. Mr. Miro died on March 6, 2026. Detectives from the NCPD's 1st Precinct arrested Mr. Alvarado the day of the crash.
Prosecutors say toxicology showed he was impaired by the prescription sedatives alprazolam (Xanax) and clonazepam, and that his blood also contained a potent synthetic drug sold as "street Xanax."
The charges
On March 31, 2026, he was arraigned on an indictment charging second-degree manslaughter (a class C felony), second-degree vehicular manslaughter and second-degree assault (class D felonies), two counts of driving while ability impaired by drugs, and driving while ability impaired by the combined influence of drugs. He pleaded not guilty and was remanded. The maximum sentence is 7 to 15 years.
What this case shows about drugged driving
There is no alcohol in this case, and no legal limit for drugs. To prove driving while ability impaired by drugs, prosecutors must show that a drug on New York's controlled substance list actually impaired the driver's ability to drive. A prescription is not a defense if the drug impaired the driving, which is why sedatives like these can lead to the same charges as illegal drugs.
Drug cases are also harder to prove than alcohol cases. A blood test can show a drug is present without showing how impaired the driver was at the moment of the crash, so prosecutors lean on the driving itself, here falling asleep at a light, and on toxicology experts. That gap is often where the defense focuses.
Where the case stands
We found no public report of a plea or verdict as of September 2026. Mr. Alvarado is presumed innocent.
Related: DWAI and DWAI-drugs · felony DWI
This article is drawn from public court filings, official releases and news reports, and is provided for general information only. A charge is an accusation, not proof of guilt. Every person is presumed innocent unless and until proven guilty in court. Nothing here predicts the outcome of any other case, and nothing here is legal advice.
Sources
- Nassau County District Attorney: Queens Man Indicted for Fatal Drugged Driving Crash that Killed Nassau County Police Crossing Guard
- ABC7 New York: Queens man indicted in drugged driving crash that killed Long Island crossing guard
- Long Island Press: Queens man indicted for fatal, drugged driving crash in Merrick