New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report regarding the death of Ervin Zacarias Antonio Agustin. The incident occurred on May 19, 2024, following a collision with a New York City Police Department (NYPD) officer's vehicle in Queens County. After an extensive investigation that included reviewing dashboard camera footage, interviewing the involved officer, and conducting legal analysis, OSI determined that criminal charges would not be pursued.
On the morning of May 19, 2024, an NYPD officer was en route to a motor vehicle collision investigation in Queens. The officer was driving southbound on the Van Wyck Expressway with turret lights and siren activated. As he approached Archer Avenue at a speed of 63 MPH, Ervin Zacarias Antonio Agustin attempted to cross the expressway and was struck by the police vehicle. The area is known for construction activity with equipment stationed behind concrete barriers along the lanes.
According to OSI's analysis of relevant laws and case law from New York’s highest court, an officer responding to an emergency cannot be charged unless acting recklessly or intentionally. The charge requiring recklessness is Manslaughter in the Second Degree, which involves consciously disregarding a substantial risk leading to death.
The evidence did not prove beyond reasonable doubt that the officer acted recklessly or deviated grossly from expected conduct under similar circumstances. The officer's speeding was attributed to responding to an emergency call, and there was no expectation of pedestrian presence on the expressway. Furthermore, there was no indication of impairment or distraction on part of the officer during the incident. Consequently, OSI concluded insufficient evidence existed for criminal charges.