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

Sean Duffy’s ‘Great America Road Trip’ Wants You to Drive to Central Park

Sean Duffy's "Great American Road Trip" encourages Americans to drive to sites in the most transit-rich and car-choked parts of the country.

July 3, 2025

Ex-DOT Official Warns NYC’s ‘Counterproductive’ E-bike Speed Limit Will Curb Biking, Safety

The mayor is working overtime to undo the decade of gains for cycling in the Big Apple, a former de Blasio administration official told Streetsblog.

July 3, 2025

Thursday’s Headlines: Just the News Edition

Things are slowing down for summer, but not entirely. Here's the news.

July 3, 2025

DOT Boss Defends Adams’s ‘Vision Zero’ Record As Agency Fights A Bike Lane in Court

Traffic fatalities are down and the DOT is taking a victory lap — even as it argues against a protected bike lane in court.

July 2, 2025

Cyclist Arrested After Crash with Electric ‘One-wheel’-Style Unicycle

Carolyn Backus is charged with fleeing the scene of a crash causing serious injury, but the details are murky.

Wednesday’s Headlines: Return of Summer Streets Edition

Summer Streets is back and bigger than ever. Plus more news.

July 2, 2025
See all posts