Long Island crossing guard remains in ICU after being struck by driver
A driver who allegedly struck and critically injured a Nassau County Police crossing guard on Long Island appeared in court Friday.
He claimed he was not high on recreational drugs, but rather was taking prescribed medication.
Driver claims he had only taken prescription drugs
Prosecutors said around 8 a.m. Thursday, Joshua Alvarado was high while driving to work and passed out behind the wheel.
According to prosecutors, when other drivers honked at him, Alvarado woke up and lurched his vehicle forward, striking 70-year-old crossing guard John Miro, who was on the sidewalk at Sunrise Highway and Merrick Avenue.
Prosecutors told the judge Alvarado, 30, repeatedly passed out while speaking to law enforcement. He was arrested and charged with assault and driving while ability impaired.
Alvarado claimed the crash was a mistake, saying he slid on ice.
The Rosedale resident cried as his attorney claimed the only drugs Alvarado was on were prescription drugs he had taken the night before for anxiety and pain from a prior stranger assault.
"He has nightly nightmares, can't sleep, and he is prescribed legally various drugs," defense attorney George Vomvolakis said. "Did those make him drowsy in the morning at 8 a.m. going to work? Possibly."
Vomvolakis argued the crash is not a crime, but a terrible accident.
Blood tests to identify any drugs in Alvarado's system are incomplete.
Bail was set at $500,000 or $1.2 million bond.
"We hope this guy burns"
Miro suffered broken ribs, a skull fracture and brain injuries. He remains in the ICU, where his family said he's "not doing well" and is clinging to life.
"He's one of the nicest people you'll ever meet. He got ran over shoveling snow after he crossed some kids," Miro's son-in-law said. "It's just not right, and we're glad, we hope this guy burns."
Miro's union said the stories are pouring in about his friendly spirit, a retired tug boat captain who had more to give.
"He was always waving at people. He was always very happy just to cross everyone, and he was just a people person," Civil Service Employees Association President Kris Kalender said.
"Just a great guy," Merrick resident Phil Sarubbi said. "I just was in the church to say a prayer for him and his family."