New York Attorney General Letitia James' Office of Special Investigation released findings on the fatal incident involving 23-year-old Ervin Zacarias Antonio Agustin, who died after being struck by an NYPD officer's vehicle. The investigation determined that the officer was responding to an emergency call and driving at 63 mph with sirens activated when Agustin attempted to cross the expressway. The OSI concluded that evidence collected did not meet the standard necessary to pursue criminal charges against the officer, Carlos Rivera, as a prosecutor would not be able to prove a crime was committed.
The Office of Special Investigation concluded that there was insufficient evidence to charge NYPD Officer Carlos Rivera in the death of Ervin Zacarias Antonio Agustin.
Officer Rivera was driving with lights and siren on at 63 mph toward a collision when Agustin, 23, ran across the Van Wyck Expressway.
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