Police say that it was an accident when a Long Beach police officer ran over a beachgoer with his SUV on Wednesday. Nassau County police spokesman Det. Lt. Kevin Smith said that officer Paul DeMarco had been driving north when there were calls for help for a swimmer in distress. Newsday reports, "His attention momentarily diverted, DeMarco made a 'sweeping' U-turn to the right when he struck Marshall Starkman, 43, sitting in a lounge chair, Smith said. DeMarco didn’t realize he had hit anyone until beachgoers told him, police and officials said. 'He begins the turn and he doesn’t see the gentleman lying in the sand,' Smith said."

DeMarco, who was initially speaking with his daughter (who was at the beach) when he decided to change directions to help the swimmer, won't be charged. Long Beach City Manager Charles Theofan added that Starkman was in a "very low lounge chair... in that one spot where he couldn’t be seen.” It also doesn't appear that DeMarco used his lights or sirens.

Starkman's spine was fractured in two places. His wife says he suffered "very troubling" internal injuries and his lawyer says there will be a lawsuit.