New York Attorney General Letitia James' Office of Special Investigation has decided it will not pursue criminal charges against the NYPD officer who ran over and killed a man inside Flushing Meadows Corona Park during the 2025 U.S. Open. The April 14, 2026 announcement says investigators could not prove beyond a reasonable doubt that the officer's conduct amounted to a crime. The man was later identified by family as 38‑year‑old Erasmo Huerta Gonzalez, and the decision is already reigniting long‑running questions about how police vehicles move through the park during major events.
What the AG Found
Investigators said they reviewed body‑worn camera footage, cell‑phone data and multiple witness interviews before reaching their conclusion. The Office of the Attorney General ultimately determined that a prosecutor could not prove beyond a reasonable doubt that the involved officer committed a crime, according to the AG's office.
How the Collision Unfolded
A little before 4:40 p.m. on Aug. 23, 2025, an NYPD cruiser rolled over a man who was lying on United Nations Avenue South near the Queens Theatre. The roadway was closed to civilian traffic for the tennis tournament, and the patrol car was on a routine pass through the area when the crash occurred. The man was taken to NewYork‑Presbyterian Queens and later pronounced dead, according to QNS.
Witnesses and Family Reaction
Eyewitnesses told Streetsblog that the officer behind the wheel did not appear to be looking at the roadway and that bystanders had to shout to get the cruiser to stop. Family members say Gonzalez, who had moved to the U.S. from Mexico and is described as a father, had relatives who only learned of his death days after the crash and then set up an online fundraiser to repatriate his body.
Why Prosecutors Declined Charges
The AG's report states there was no evidence the officer was speeding, impaired or otherwise driving in an overtly dangerous manner, and it records the cruiser traveling at about 7 miles per hour at the moment of impact. Investigators also noted that Gonzalez was wearing dark clothing, lying on dark asphalt in shadow, and that the driver’s vision was hampered by sunlight. Taken together, those factors made it impossible to prove criminal negligence beyond a reasonable doubt, according to the AG's office.
Park Safety Questions Resurface
Advocates say the case underscores the risks created when full‑size police cruisers circulate on interior park paths during a massive event like the U.S. Open. Advocates quoted by Streetsblog urged the city and NYPD to lean more on smaller patrol vehicles or bikes inside the park instead. Coverage that first reported the fatal crash last year helped draw early attention to how the incident unfolded near the U.S. Open grounds.
What's Next
The AG's finding ends the criminal inquiry but does not block internal NYPD reviews or potential civil lawsuits. The NYPD's Collision Investigation Squad and Force Investigation Division have continued their own probes into the crash, QNS reported. Relatives and community advocates say they will keep pressing for transparency and changes to how the park is policed during large events.
For Gonzalez's family, the report is another step rather than a final word. They say they still want answers about why he was in the roadway and how a low‑speed patrol turned into a fatal collision. The state’s decision spells out the criminal threshold, but it leaves plenty of room for broader debates over public‑space policing and accountability.
