DELIVERY TRUCK DRIVER INDICTED FOR HIT-AND-RUN COLLISION THAT KILLED 16-YEAR-OLD PEDESTRIAN AND INJURED HER 8-YEAR-OLD SISTER

 

Queens District Attorney Melinda Katz announced that Boubacar Barry was arraigned on an indictment charging him with criminally negligent homicide in the death of 16-year-old Jael Zhinin who was struck by Barry’s water delivery truck as she was crossing 46th Street in Sunnyside along with her younger sister, who was also hit and seriously injured. Barry allegedly continued making deliveries after striking the sisters.

Queens District Attorney Melinda Katz said: “No parent should ever have to endure the loss of a child and our thoughts are with the family of these young sisters. It is imperative that pedestrians be able to cross our streets safely and it is incumbent upon every driver to make sure the crosswalk is clear before turning.”

Barry, 28, of Broome Street in Manhattan, was arraigned on an 11-count indictment charging him with two counts of leaving the scene of an incident without reporting, criminally negligent homicide, assault in the third degree, two counts of failure to yield, failure to yield the right of way when making a left turn, two counts of drivers to exercise due care and two counts of failure to exercise due care.

If convicted, Barry faces up to seven years in prison. Queens Supreme Court Justice Michael Hartofilis ordered him to return to court on September 19.

According to the charges:

• Video surveillance shows that on June 26, at approximately 3:25 p.m., Barry was driving a Ford truck with “Ready Refresh” branding on it westbound on 47th Avenue in Sunnyside before making a left turn onto 46th He failed to yield to a yellow school bus that was approaching from the eastbound lane of 47th Avenue and, upon turning, narrowly avoided hitting a bicyclist.
• As he made the turn, Barry did not appear to be looking ahead of him, but rather at the rear driver’s side of his truck.
• As he entered the intersection, Jael Zhinin, 16, and Leslie Zhinin, 8, stepped into the marked crosswalk – with the walk signal — and began crossing 46th When they approached the middle of the crosswalk they were hit by Barry’s truck and thrown to the pavement.
• The truck then drove over the sisters and continued southbound without stopping.
• Video surveillance then shows Barry making a left turn off 46th Street and double parking his truck, getting out and speaking to someone. Barry began to unload water from his truck.
• Jael Zhinin sustained severe head and torso trauma and was pronounced dead at the scene. Leslie Zhinin was taken to the hospital in serious condition. She is receiving ongoing care.