The suspected gang member who allegedly beat up a young video game developer on a Brooklyn sidewalk in November — leading to his death — has been indicted on manslaughter charges, the Post has learned.

Joshua Hernandez, who cops say is affiliated with the Latin Kings, was initially charged with misdemeanor assault after a witness told police she saw him sucker-punch Jose Zambrano Rodriguez in the back of the head, causing him to fall and crack his skull on the pavement.

Rodriguez, 26, and the witness had just left the Mezcaleria La Milagrosa bar around 4:30 a.m., when Hernandez and his crew confronted the pair, asking for a cigarette. When Rodriguez said no, he was attacked, authorities said. Hernandez, 25, was arrested later that morning.

Rodriguez died four days later, on Nov. 21, in Bellevue Hospital.

Despite his death, prosecutors were initially unable to charge Hernandez with a felony, because of a loophole in “one-punch killings” that requires proof of “intent to cause serious physical injury,” according to legal experts.

The young video game developer’s family was outraged by the low-level charge.

“Such a response to the loss of human life through intentional violence sends a terrible message to those who believe that violence is an acceptable solution to their problems,” Rodriguez’s family wrote in a petition to change the law, signed by 2,905 people as of Friday. “It also disempowers lawmakers from weighing all moving parts of a case in administering justice for victims of homicide.”

But the case took a shocking turn in late December, when surveillance tape discovered by police revealed Hernandez had an accomplice — who could have delivered the fatal blow, sources familiar with the footage said. The video also showed more than one punch landing, allowing prosecutors to present an upgraded felony assault charge to a grand jury on Jan. 6.

A week later, a grand jury moved on the first-degree manslaughter charge, which carries a max sentence of 25 years, according to the Brooklyn DA’s office.

“Additional evidence showed this assault was more serious than originally thought and is reflected in the more serious charge,” a law enforcement source explained.

Hernandez is out on bail while police are still searching for the second puncher.

Rodriguez’s dad, José Zambrano, thanked his son’s supporters but noted “just because we were able to get the charges increased there are lots of other families still suffering due to this law, and we will still work toward changing it.”