Queens, NY – Queens District Attorney Melinda Katz announced that Boubacar Barry has been arraigned on an indictment charging him with criminally negligent homicide in the death of 16-year-old Jael Zhinin. Barry’s water delivery truck struck Zhinin and her 8-year-old sister, Leslie Zhinin, as they were crossing 46th Street in Sunnyside. Barry allegedly continued making deliveries after the collision.
District Attorney Katz stated, “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, faces an 11-count indictment. The charges include two counts of leaving the scene of an incident without reporting, criminally negligent homicide, third-degree assault, 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 Barry to return to court on September 19.
According to the charges, video surveillance from June 26 at approximately 3:25 p.m. shows Barry driving a Ford truck with “Ready Refresh” branding westbound on 47th Avenue in Sunnyside. Barry failed to yield to a yellow school bus approaching from the eastbound lane of 47th Avenue and narrowly avoided hitting a bicyclist. While making the left turn onto 46th Street, Barry appeared to be looking at the rear driver’s side of his truck rather than ahead. As he entered the intersection, Jael and Leslie Zhinin, who were in the marked crosswalk with the walk signal, were hit and thrown to the pavement. The truck then drove over the sisters and continued southbound without stopping.
Further video surveillance shows Barry making a left turn off 46th Street, double parking his truck, speaking to someone, and unloading water. Jael Zhinin suffered severe head and torso trauma and was pronounced dead at the scene. Leslie Zhinin was taken to the hospital in serious condition and is receiving ongoing care.
