A Brentwood man has pleaded guilty to Assault on a Police Officer, and several other related charges, for driving impaired by the combined influence of alcohol and marijuana, speeding, failing to pull over and then crashing into a Suffolk County police officer’s vehicle, leaving him seriously injured.
On January 5, just before 6:00 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 and revved his engine. Gallagher left his traffic stop and attempted to pull the defendant 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 two times, 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 requiring 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 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
Fisher is due back in court on October 21, and he is expected to be sentenced to 10 years, followed by five years of post-release supervision.
“Our community wants to see an end to people treating our shared roadways like personal racetracks,” said Suffolk County District Attorney Ray Tierney. “It’s by the grace of God that Officer Gallagher was not killed. It is because of cases like this that my office holds defendants to the highest levels of accountability for impaired or reckless driving.”