Joshua Alvarado, of Queens, pleads not guilty in crash that killed Nassau crossing guard John Miro

A Queens man was indicted on elevated charges of manslaughter after Nassau prosecutors said he fell asleep while on prescription drugs and illegal pills and jumped a curb, killing a Nassau police crossing guard in February in Merrick.

Joshua Alvarado, 30, was indicted  Friday on several charges, including manslaughter, vehicular manslaughter, assault and three counts of driving while ability impaired by drugs.

He pleaded not guilty on Tuesday and was ordered remanded to in jail without bail. His attorney declined to comment.

The charges stem from the Feb. 26 crash, when Alvarado's Toyota pickup jumped a curb at 8 a.m. on Sunrise Highway at Merrick Avenue, striking crossing guard John Miro, 70, of Massapequa, who was shoveling snow and helping children cross the street.

Alvarado was initially charged with assault and drugged driving following the crash before Miro died.

Miro broke his hip, fractured his skull and suffered broken ribs and a punctured lung. He died from his injuries about a week later in the intensive care unit at Nassau University Medical Center.

Prosecutors said a blood test showed Alvarado had several central nervous system depressants in his system, including Xanax, clonazepam, which is also known as Klonopin, and the illegal drug known as "street Xanax."

Prosecutors said on Tuesday that Alvarado was not under a prescription for Xanax or other drugs and a month earlier had been prescribed the drug withdrawal medication Suboxone. He also was given the drug while experiencing withdrawal symptoms in the Nassau County jail.

"What our investigation has revealed was that this defendant allegedly drove with a dangerous cocktail of powerful sedatives and antidepressants in his system," Nassau District Attorney Anne Donnelly said on Tuesday.

Donnelly said Alvarado was driving his work truck to a call as an exterminator and he fell asleep at a red light. Witnesses said he was jolted awake when a car honked behind him, causing him to jump the curb, striking Miro who was standing on the sidewalk.

His attorney previously said Alvarado was being treated for post-traumatic stress disorder after he was the victim of an assault and took the medication the night before. He said Alvarado hit a patch of ice on Sunrise Highway and lost control.

Donnelly said Alvarado chose to take drugs before driving to work, adding, "This crash was not an accident, it was inevitable."

"When you take drugs and get behind the wheel of a car, you are not just a driver anymore. You are a moving threat to every pedestrian, bicyclist and driver around you. These actions have deadly consequences that are entirely preventable," Donnelly said.

 Miro was a crossing guard and a grandfather, following a 50-year career as a tugboat captain. His two children sat in court during Tuesday's arraignment, but did not speak as they left the courtroom.

Alvarado's family also sat through the hearing and quickly left the courtroom. 

"His death has left a permanent void in the lives of everyone who knew him, a loss that is felt by the entire community," Donnelly said. "To many families, he was more than just a crossing guard. He was a familiar, reassuring presence in the neighborhood, standing in the road every day for several years, no matter the weather, dedicated solely to keeping our children safe." 

If convicted, Alvarado faces up to 15 years in prison.

Donnelly said vehicular crimes and drugged driving should have stronger penalties and the crash serves as a warning not to drive impaired.

"I think vehiculars are not treated with the severity that they need to be treated, especially in a place like Nassau County, where we all get around by cars, and we see such an increase in drunk and drugged driving," Donnelly said. 

Newsday's Janon Fisher contributed to this story.