Truck driver who struck and killed 4-year-old had a THC level 3x the legal limit, officials say

Truck Driver Who Killed 4-Year-Old Had THC Level Three Times Legal Limit

A tragic incident occurred earlier this year in Chicago when a 4-year-old boy, Xyaire Askew, was struck and killed by a truck driver on a city street. The driver, James Bernstein, 53, was found to have a THC level more than three times the legal limit and cocaine metabolite in his system at the time of the crash, according to prosecutors.

The fatal accident took place when Bernstein, driving a 2021 Dodge Ram 3500 pickup truck, made a right turn from 82nd Street onto Harper Avenue around 4:30 p.m. on June 2. Xyaire Askew had run into Harper Avenue while playing with friends and was struck by the truck. Tragically, Bernstein drove over the victim’s chest and head when he stopped at the scene, causing fatal injuries to the young boy.

After the incident, Bernstein consented to chemical testing, which revealed the presence of cocaine metabolite and a THC level of 18.4 nanograms per milliliter in his blood. Operating a motor vehicle in Illinois with a THC level of five nanograms or more per milliliter of blood is illegal, as per the DUI laws in the state.

Despite the serious allegations against him, Judge Caroline Glennon-Goodman denied the state’s detention request and allowed Bernstein to return home to await trial. He faces one count of DUI causing a fatal accident. Xyaire’s grandmother described him as someone who was friendly with everyone he met.

James Bernstein has no prior criminal record in Cook County court records, making this tragic incident all the more shocking and devastating for the community. The loss of young Xyaire Askew has left a lasting impact on his family and friends.

As the case unfolds, the community mourns the loss of a young life and seeks justice for Xyaire Askew, who will always be remembered for his joyful and friendly nature.