A Brentwood man was sentenced to 10 years in prison after pleading guilty in September to Assault on a Police Officer after he hit a police vehicle, causing it to flip over and crash into a tree and resulting in serious injuries to the officer.
On January 5, just before 6 p.m., Police Officer Brendon Gallagher was conducting a traffic stop of another motorist on the Long Island Expressway between exit 58 and exit 57. Cody B. Fisher, driving his 2021 Ford Mustang, sped by Gallagher. The officer left his traffic stop and attempted to pull Fisher over. Fisher fled from the officer, weaving in and out of lanes, reaching speeds up to 100 miles per hour.
As Gallagher pulled alongside the defendant’s car, Fisher hit the police vehicle, causing it to lose control, flip on its side, and smash into a tree on the side of the expressway. Gallagher had to be extricated from the vehicle and was airlifted to Stony Brook University Hospital, where he was treated for a torn aorta and abdominal injuries, which required surgery.
Following the crash, Fisher’s severely damaged vehicle traveled hundreds of feet on the side of the expressway before coming to a stop. When Suffolk County police arrived, they observed that Fisher had glassy, bloodshot eyes, slurred speech and was unsteady on his feet. Officers also observed a strong smell of burnt cannabis emanating from Fisher and his vehicle.
Fisher was placed under arrest and refused to submit to a blood test. A warrant was subsequently issued, and analysis of Fisher’s blood revealed a blood alcohol content of .06 percent as well as the presence of active marijuana.
On September 4, Fisher, 29, pleaded guilty to the following charges before Supreme Court Justice John B. Collins:
- one count of Assault on a Police Officer, a Class C violent felony
- one count of Assault in the Second Degree, a Class D violent felony
- one count of Vehicular Assault in the Second Degree, a Class E felony
- one count of Unlawful Fleeing a Police Officer in the Second Degree, a Class E felony
- one count of Driving While Ability Impaired by the Combined Influence of a Drug or Alcohol and Drugs, an unclassified misdemeanor
- one count of Unlicensed Operation of a Motor Vehicle, an unclassified misdemeanor
On October 21, Collins sentenced Fisher to 10 years, followed by five years of post release supervision.
“When someone makes the choice to operate a vehicle while under the influence of both alcohol and drugs, then actively flees from law enforcement at excessive speeds, they have already demonstrated a profound disregard for human life,” said Suffolk County District Attorney Ray Tierney. “This case went beyond a reckless flight. The fact that this officer survived is nothing short of a miracle. Today’s sentence of a decade in state prison reflects the gravity of using a motor vehicle as an instrument of violence against those sworn to protect our community.”