Saturday, April 26, 2025
New York Attorney General Letitia James has concluded that no criminal charges will be filed against an NYPD officer involved in the death of a Valley Stream resident who was struck by the officer’s vehicle on the Van Wyck Expressway near Archer Avenue on May 19.
The officer, responding to an emergency call about a deadly crash on the Belt Parkway, was driving south on the Van Wyck with lights and siren activated. At 63 mph—above the 50 mph speed limit—he struck resident Ervin Zacarias Antonio Agustin, 23, who tried to cross the highway on foot. Agustin was transported to Jamaica Hospital, where he was later pronounced dead.
Following a thorough investigation, OSI concluded there was insufficient evidence to support criminal charges. While the office’s investigation found that the officer’s actions led to Agustin’s death, it determined that the officer’s conduct did not meet the legal criteria for recklessness, which would be necessary to pursue charges. The investigation included reviewing the officer’s dashcam footage, interviewing the officer, and analyzing the circumstances surrounding the incident.
The office determined there was no evidence to suggest the officer acted recklessly or was otherwise distracted, and that the officer’s speed was a result of his response to an emergency.
The Van Wyck Expressway is also closed to pedestrians, and the officer had no reason to anticipate someone trying to cross at that time, the report found.
While OSI’s investigation found no basis for charges, this is not a judicial ruling. OSI’s role is to assess whether sufficient evidence exists to pursue criminal charges. The decision effectively ends the criminal investigation from the Attorney General’s perspective.
