AG Letitia James won't seek charges against cop who killed man in Queens park

Authorities say evidence does not support criminal prosecution in 2025 incident during U.S. Open

Apr. 14, 2026 at 8:20pm

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An extreme close-up photograph of a police car's tire tread against a pitch-black background, lit by a harsh, direct camera flash, creating a stark, gritty, investigative aesthetic.The harsh glare of a police car's tire tread underscores the tragedy of a preventable death that has sparked outrage over police accountability.NYC Today

New York Attorney General Letitia James announced that her office will not seek criminal charges against a police officer who struck and killed a man lying in a Queens park during the 2025 U.S. Open tennis tournament. An investigation found insufficient evidence to prove the officer's conduct was a 'gross deviation' from what a reasonable person would have done in the same circumstances.

Why it matters

The decision not to prosecute the officer has sparked outrage from eyewitnesses who claim the death was preventable, raising concerns about police accountability and the treatment of marginalized communities by law enforcement.

The details

The incident occurred on Aug. 23, 2025, when a female police officer driving a cruiser struck and killed Erasmo Huerta Gonzalez, a Mexican-descent father who was sleeping on a closed road in Flushing Meadows Corona Park during the U.S. Open. Eyewitnesses say they alerted multiple officials about Gonzalez being in the road, but no one checked on him before the officer struck him.

  • The incident occurred around 4:37 p.m. on Aug. 23, 2025.
  • Gonzalez was pronounced dead at New York Presbyterian Hospital in Queens.

The players

Letitia James

The Attorney General of New York who announced the decision not to seek criminal charges.

Erasmo Huerta Gonzalez

A Mexican-descent father who was struck and killed by a police officer while sleeping on a closed road in a Queens park during the 2025 U.S. Open.

The female police officer

The officer who struck and killed Gonzalez while driving a police cruiser on a closed road in Flushing Meadows Corona Park.

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What they’re saying

“I was literally there when this happened, and I still can't believe it. My friend told a cop to check on the guy laying (sic) in the middle of the road (roads were closed for the US Open), and we also told 2 other 'officials' who passed by. They just took pictures and kept it moving.”

— Eyewitness

The takeaway

The decision not to prosecute the officer who killed Gonzalez has raised concerns about police accountability and the treatment of marginalized communities, with eyewitnesses claiming the death was preventable. The case highlights the ongoing challenges in holding law enforcement responsible for incidents involving the loss of life.