Attorney General James’ Office of Special Investigation Releases Report on Death of Erasmo Huerta Gonzalez

April 14, 2026

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) today released its report on the death of Erasmo Huerta Gonzalez, who died on August 23, 2025 following a motor vehicle incident involving members of the New York City Police Department (NYPD) in Flushing Meadows Corona Park, Queens County. After a thorough investigation, which included review of body-worn camera footage and cell phone data, interviews with an involved officer and witnesses, and comprehensive legal analysis, OSI determined that a prosecutor would not be able to prove beyond a reasonable doubt that the involved officer committed a crime, and therefore criminal charges are not warranted in this case.

At 4:37 p.m. on August 23, an NYPD officer was driving in a marked police car on United Nations Avenue South in Flushing Meadows Corona Park. United Nations Avenue South is not open to civilian traffic, and at the time of the incident, the avenue was open only to cars belonging to the NYPD, the New York City Parks Department, and employees.

Mr. Huerta Gonzalez was lying on a roadway by the Queens Theater on United Nations Avenue South. As the officer drove down United Nations Avenue South, she ran over Mr. Huerta Gonzalez. Mr. Huerta Gonzalez was transferred to a local hospital, where he was pronounced dead.

In New York, proving criminally negligent homicide requires proving beyond a reasonable doubt that a person caused a death when they failed to perceive a substantial and unjustifiable risk that death would occur; that the failure to perceive the risk was a gross deviation from a reasonable person's standard of care; and that the person engaged in blameworthy conduct. In this case, there is no evidence that the officer was speeding, driving while distracted, impaired by drugs or alcohol, or otherwise driving in a dangerous manner. The officer was driving at a speed of 7 MPH when the incident occurred on a road that was not open to civilian traffic. The OSI's investigation showed that Mr. Huerta Gonzalez was wearing dark clothing, was lying on dark asphalt, and was in shadow, and that the officer's vision was hampered because she was driving into the sunlight just before the collision.

In this case, the evidence does not establish beyond a reasonable doubt that the officer's conduct was a gross deviation from the standard that would have been observed by a reasonable person in the same circumstances. Therefore, OSI concluded that there was insufficient evidence to pursue criminal charges.