CHICAGO — The truck driver who struck and killed a 4-year-old boy on a city street earlier this year was driving with THC levels more than three times the legal limit, prosecutors said this week. James Bernstein, 53, also had a metabolite of cocaine in his system at the time of the crash, according to the charges.
Bernstein, driving a 2021 Dodge Ram 3500 two-wheel pickup, made a right turn from 82nd Street to Harper Avenue on June 2 around 4:30 p.m., officials said. He allegedly hit four-year-old Xyaire Askew, who had come across Harper Avenue while playing with friends.
After striking the boy, Bernstein “ran over the victim’s chest and head” when he “went to stop at the scene,” prosecutors said in an arrest request. Xyaire was pronounced dead about 30 minutes later at Comer Children’s Hospital.
Bernstein consented to chemical testing, a Chicago police report said, and the Illinois State Police laboratory determined his blood contained the metabolite of cocaine and a THC level of 18.4 nanograms per milliliter, officials said in court filings.
It is illegal to operate a motor vehicle in Illinois with a THC level of five nanograms or more per milliliter of blood, according to a DUI fact sheet published by the Secretary of State (PDF).
Judge Caroline Glennon-Goodman denied the state’s detention request and sent Bernstein home to await trial. He is charged with one count of driving under the influence causing a fatal accident.
“He didn’t meet strangers, was friendly to everyone,” Xyaire’s grandmother told the Sun-Times in June. “Once he meets you, he will remember you.”
Bernstein has no prior criminal cases on Cook County court records.
Tim Hecke is the managing partner of CWBChicago. He started his career at KMOX, the legendary news radio station in St. Louis. From there he went on to work at stations in Minneapolis, Chicago and New York City. Tim went on to build syndicated radio news and content services serving each of America’s 100 largest radio markets. He became managing partner of CWBChicago in 2019. His email address is tim@cwbchicago.com
