Accused drunk driver indicted in fatal Hempstead pedestrian crash on Halloween

A Valley Stream man described as a "recidivist drunk driver" who allegedly killed a pedestrian in Hempstead while intoxicated on Oct. 31 has been charged with first-degree vehicular manslaughter and other crimes, Nassau District Attorney Anne Donnelly said on Thursday.

Jose Forero, 72, pleaded not guilty during an arraignment on Thursday before state Supreme Court Justice Robert Schwartz, who ordered Forero held without bail.

Forero was under the influence of alcohol and drugs when he struck and killed William Rojas, 23, on Halloween night, Donnelly said in a statement. The defendant’s blood alcohol content was .12% about 90 minutes after the crash, above the legal limit of .08%.

"This defendant is a recidivist drunk driver, previously convicted of a Leandra’s Law DWI in Nassau County seven years ago," Donnelly said, referring to New York State legislation enacted in 2009 that increased penalties for driving under the influence with children in the vehicle.

Forero’s attorney, Steven Kommor, of Melville, did not return a request for comment.

Donnelly said Forero dropped off a family member at a Halloween party and then "allegedly made the careless decision to stop off at a bar to drink before driving home." He was driving south on North Franklin Street in Hempstead in his 2023 Jeep Gladiator as Rojas and a group of friends were crossing North Franklin eastbound between Jackson and Centre Streets.

Rojas stopped to pick up something in the street when Forero drove through a yellow light and struck him. Forero stopped his vehicle, and witnesses called emergency services, Donnelly said.

Rojas was transported to NYU Langone Hospital — Long Island with significant injuries, including skull fractures. He was pronounced dead shortly before 3:30 a.m. Nov. 1. Forero was arrested later that day by Hempstead and Nassau police.

"Another preventable tragedy, and life lost, because of drunk driving." Donnelly said.