Prosecutors seek to add charges for Queens driver in crash that killed LI crossing guard John Miro

Nassau County prosecutors said Monday that they are looking to add more charges against a Queens man accused of drugged driving in the crash that killed a beloved Merrick crossing guard.

Joshua Alvarado, 30, of Rosedale, Queens, pleaded not guilty to second-degree assault, vehicular assault and two impaired driving charges in First District Court in Hempstead.

A Nassau County grand jury voted to indict Alvarado on the existing charges before John Miro, 70, a retired Massapequa tugboat captain and grandfather died on Friday.

Prosecutor Nicole Vota told District Court Judge Anthony Paradiso the panel would continue to hear testimony for additional charges.

Alvarado told police he took Xanax and other drugs, which his attorney said were legally prescribed, before getting behind the wheel of his Toyota pickup truck on Feb. 26.

He appeared to fall asleep at the wheel at a traffic light at Sunrise Highway and Merrick Avenue in Merrick where Miro was assisting students across the busy intersection around 8 a.m., police said.

The crossing guard had just returned to the sidewalk when the light turned green and cars behind Alvarado honked for him to drive, prompting him to drive forward suddenly, appearing to lose control and mount the curb, hitting the retired grandfather, who was wearing a reflective vest, according to Nassau County Police Commissioner Patrick Ryder.

"He swung the turn far right, outside of the lane, jumped the sidewalk, struck the crossing guard," the commissioner said at a news conference after the crash.

Bystanders rushed to assist Miro, who was taken to Nassau University Medical Center with a punctured lung and skull fractures, authorities said.

He underwent emergency surgery and fought for his life for a week before succumbing to his injuries.

Miro took the job as a crossing guard as a second job after 50 years as a tugboat captain, his wife, Nancy, told Newsday.

“He was so helpful to everybody,” she said last week.

Alvarado’s lawyer, George Vomvolakis, said his client’s prime concern has been the victim since the crash happened.

“He has nightly nightmares,” the attorney said after the arraignment.

Vomvolakis said his client took the prescribed drugs the night before the crash for post-traumatic stress disorder from an attack a decade ago. Alvarado lost a finger and suffered a collapsed lung and has plates in his head as a result of the assault.

Vomvolakis declined to comment on the indictment or the grand jury investigation.

The felony case will be heard next in Nassau County Court in front of Supreme Court Justice Robert on March 31.

Alvarado faces 2½ to 7 years in prison if convicted of the original charges.

Miro's wake will be held on Wednesday at Massapequa Funeral Home’s south chapel. The funeral will follow on Thursday at St. Rose of Lima R.C. Church in Massapequa.