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The US Attorney's Office in DC announced on Jan. 23 that there was insufficient evidence to pursue any criminal or civil charges against the officers involved in the June 2022 pursuit that left the motorcyclist dead after he crashed under curious circumstances.
On June 27, 2022, officers from the Metropolitan Police Department attempted to stop Herndon, who was riding a three-wheeled bike, based on an inaccurate tip that the man was actually a wanted homicide suspect. He was not.
When Herndon fled, they initiated a pursuit, that led to a call for an assist from US Park Police.
When the second agency joined the police pursuit, it was learned that Herndon was not, in fact, wanted for a homicide, but only for questioning, prompting the MPD to call off its pursuit; however, the US Park Police officers were not advised of that new detail and continued to pursue Herndon, who lost control and crashed into a vehicle.
He was pronounced dead at the scene.
According to officials, investigators conducted a "comprehensive review of the incident" including a check of witness accounts, physical evidence, body cameras, surveillance footage in the area, police radio recordings and other reports, which ultimately determined that the officers were not complicit in the fatal crash.
"After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the USPP officers who were pursuing Herndon at the time of the crash are criminally liable for his death," investigators wrote.
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