Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In
Brooklyn

Drunk Driver Avoids Homicide Charge in Brooklyn Pedestrian Death [Updated]

A motorist who has admitted to driving drunk in a crash that killed a Brooklyn pedestrian was not charged with homicide by District Attorney Charles Hynes or his successor Ken Thompson. He was allowed to plead guilty this week to a top charge of misdemeanor DWI, court records say, and faces a maximum sentence of a year in jail.

Roxana Gomez
Roxana Gomez
Roxana Gomez

At around 12:25 a.m. on July 5, 2013, 27-year-old Roxana Gomez was walking at Flatbush Avenue and St. Marks Avenue when she was hit by a BMW sedan driven by Eric Nesmith, according to witness accounts and the Post. Gomez suffered massive head injuries, and was administered CPR by an emergency room nurse who lived near the scene. She died on July 10.

The Post reported that Nesmith, 25, of Newark, ”admitted to cops he had consumed up to six Coronas at a family gathering" before the crash. His BAC was .126, the Post said.

According to online court records, Nesmith pled guilty Thursday to operating a motor vehicle while intoxicated, an unclassified misdemeanor that carries a maximum penalty of a year in jail, a $1,000 fine, and a license revocation of at least six months.

It is unclear why this defendant was not charged for killing someone while driving drunk. Streetsblog contacted the Brooklyn district attorney's office several times regarding this case, by phone and email, but public relations staff stopped responding to our queries not long after the crash. We have another message in with Thompson's office concerning the Nesmith plea.

Nesmith is scheduled to be sentenced on March 25.

Update: We received the following statement from Thompson's office: "An accident reconstruction expert concluded that alcohol was not a contributing factor in the death of the pedestrian in this case."

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Money for Something: Funding OK’d, But Details Missing For ‘Dept. Of Sustainable Delivery’

The mayor got the Council to sign off on $6.1 million for the long-awaited “Department of Sustainable Delivery." But what's it mean? No one is talking.

July 1, 2025

Incoming Albany Mayor Could Help Safe Streets Movement Statewide

The state capital is built for the car and that is how it is experienced by our lawmakers. But could that change under a new mayor? Here's hoping.

July 1, 2025

Tuesday’s Headlines: Another Child Sacrificed to the SUV Edition

Stop de kindermoord! An 8-year-old boy killed by an SUV driver is the latest victim of America's obsession with big cars. Plus other news.

July 1, 2025

DOT Testimony: Removing Bedford Ave. Bike Lane Will ‘Reduce Safety’

"Removing the protected bike lane won’t remove cyclists — it will only make the street less safe," the DOT said. "The city risks legal liability for knowingly reducing safety on a Vision Zero priority corridor."

June 30, 2025

Hochul Signs Speed Camera Reauthorization, Enforcement Continues Through 2030

Stating a clear fact that scores of state legislators reject, Hochul said, "Speed cameras save lives and keep New Yorkers safe."

June 30, 2025

Cyclists Tell Judge Carolyn Walker-Diallo: The Bedford Ave. Bike Lane is a Lifesaver

A judge will decide the fate of the Bedford Avenue bike lane on Tuesday. Streetsblog offers some user affidavits.

June 30, 2025
See all posts