A graphic video of an NYPD cruiser slamming into two men on a dirtbike in The Bronx — killing the driver and injuring the passenger — raises questions about whether the cop driving should have been cleared of wrongdoing, the passenger’s lawyer charged.

Dirtbike driver Eddie Fernandez, 28, was killed and passenger Adalberto Gonzalez, 26, was injured after Police Officer Eddie McClain rammed into them during a chase in Hunts Point last August.

Gonzalez will face charges of resisting arrest and reckless endangerment when his trial begins in Bronx Criminal Court.

Gonzalez’s defense attorney, Cesar Gonzalez, said a grand jury should have been convened to charge McClain with a crime — and the videos should have been exhibit A.

“It looks like a Scud missile,” said Cesar Gonzalez, referring to the cruiser’s deadly path.

“I would feel a lot better if they [the district attorney] had put it before the grand jury and let them make a decision, because then the people of The Bronx have spoken.”

A spokesman for Bronx DA Robert Johnson said the office believes the crash was accidental.

“Upon an extensive review of the evidence and circumstances of the incident, it was our determination that a sustainable criminal case could not be brought,” said spokesman Steve Reed.