Joshua Alvarado pleads not guilty in Merrick crash that critically injured crossing guard John Miro

A Queens man charged with striking a Nassau crossing guard with his pickup while under the influence of drugs, leaving the 70-year-old man critically injured, sobbed through parts of his arraignment in Hempstead on Friday.

Joshua Alvarado, 30, of Rosedale, was extremely distraught after the crash, said his attorney, George Vomvolakis. His primary concern when the two first met Friday morning was for the crossing guard, John Miro of Massapequa, Vomvolakis said.

“He was more concerned for the man than he was for himself,” Vomvolakis told reporters following the arraignment.

Alvarado pleaded not guilty Friday to second-degree assault and other charges in connection with the crash, which occurred Thursday morning at the busy intersection of Sunrise Highway and Merrick Avenue in Merrick.

Miro had just helped students cross the road when Alvarado’s Toyota pickup jumped the sidewalk and struck him. Miro suffered broken ribs, a punctured lung, skull fractures and brain bleeding as a result of the crash, Nassau Assistant District Attorney Nicole Vota told District Court Judge Ryan Cronin.

Vota said Alvarado had fallen asleep in the left turn lane from Sunrise Highway onto Merrick Avenue and was awakened by motorists honking their horns behind him.

Alvarado acknowledged that he had taken Xanax and other drugs, Vota said, and told police that he should not have driven after taking the medications. When Cronin asked Vota how prosecutors knew Alvarado had been sleeping, Vota said that information came from witness statements.

Vomvolakis said his client told him that he lost control of the truck after it hit a patch of ice. He told reporters following the arraignment that Alvarado had taken Xanax and other drugs the night before to help him sleep.

Alvarado, he said, suffers from post-traumatic stress disorder resulting from an assault he suffered 10 years ago that left him with a collapsed lung and plates in his skull. Alvarado also lost a finger during that attack, the attorney said.

"He has nightly nightmares,” Vomvolakis said.

The drugs Alvarado took the night before the crash were legally prescribed, his attorney said.

Members of Miro's family attended Friday's arraignment. One relative, who declined to identify himself, said he wanted Alvarado to be punished.

“It is just not right,” he said.

The judge ordered Alvarado held in lieu of $500,000 cash bail, $1.25 million secured bond, or $2.5 million partially secured bond. He is scheduled to return to court March 4.

Alvarado faces 2½ to seven years in prison if convicted.

Alvarado works for a pest extermination firm and lives with his wife and parents. Some of Alvarado’s family members also attended his arraignment but declined to talk to reporters afterward.

“This is an unfortunate situation for everyone,” Vomvolakis said. “We hope that this man pulls through it.”

Miro is one of about 400 crossing guards deployed across Nassau County.

Nassau County Executive Bruce Blakeman described Miro as “beloved” during a news conference in Mineola. The retired tugboat operator began his second career as a crossing guard in 2023.

“Our hearts are with one of our own as he fights for his life,” said Kris Kalender, president of CSEA Local 830, the union that represents crossing guards and other Nassau employees. “He put on his uniform and stepped into traffic to protect this community, as he has done countless mornings before.

“We depend on crossing guards to keep our children safe…it is both heartbreaking and unacceptable that a man serving the public in this way is now in critical condition simply for doing his job,” Kalender added. “We are praying for his recovery and standing with his loved ones during this incredibly difficult time.”