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EMT Attacker Skates Out of Jail Term

Plea Bargain Avoids Jail, Gets "Slap on Wrist"

MICHAEL JACCARINO, THE BOOZY BROOKLYN PROSECUTOR who nearly killed an FDNY EMT last November was sentenced to 10 grueling days of community service yesterday (Wednesday) after pleading guilty to a misdemeanor reckless assault charge for assaulting EMT Theresa Soler in the back of an ambulance while she was attempting to treat him.  At a pre-settled plea bargaining agreement, the sentencing hearing yesterday was perfunctory as the judge ordered Jaccarino to perform the community service, complete an alcohol program and submit a dna sample.

Michael Jaccarino at Wednesday's hearing
(New York Times / Watts photo)

Jaccarino, 30, gained notoriety in the fire/ems community after he was found wandering drunk and in a stuporous condition on the Brooklyn Bridge.  Firegeezer reported at the time:

The ambulance had been dispatched around 1 am for a "highly-intoxicated man" on the Brooklyn Bridge. The ambulance crew found Jaccarino weaving along the pedestrian walkway near the Manhattan side and stopped to talk to him. After getting his agreement to transport him to the hospital for care, they put him in the back of the ambulance where the EMT Teresa Charry-Soler, 46, secured him to the bench seat with the safety belt. The New York Times continues:

As the ambulance was taking Mr. Jaccarino to Beth Israel Medical Center, the police said, he began unstrapping a belt that secured him inside the vehicle. When an emergency medical technician tried to restrain him, a police spokesman said, he struck her "in the right side of the face." A moment later, the police spokesman added, "he holds her down by choking her."

The technician suffered bruises to her right cheek, right wrist and chest, the police said.

Mr. Jaccarino, 30, was charged with assault, criminal obstruction of breathing, menacing and harassment.

Read the entire Firegeezer report HERE.

EMT Soler suffered serious injury to her throat and at the time of the attack she genuinely thought she was going to be killed.  At yesterday's hearing an assistant district attorney explained the plea bargain to the judge.  The New York Times relates the exchange:

Mr. Jaccarino was initially charged with second-degree assault, a felony, but the assistant district attorney, Sherita Walton, told a judge in Manhattan Criminal Court that her office had decided to charge Mr. Jaccarino with reckless assault, a misdemeanor and allow him to resolve the case by pleading guilty to that charge rather than to a felony.

Mr. Jaccarino was so drunk, Ms. Walton told Judge Melissa A. Crane, that it would have been difficult to prove that he meant to assault Ms. Soler. She added that if Mr. Jaccarino’s "intoxication was of such an extent and nature to render him incapable of forming the particular criminal intent, then he would not be criminally responsible for committing this crime."

Jaccarino was immediately suspended without pay after his arrest and following yesterday's sentencing the D. A.'s office announced that he would be dismissed from his job.

WCBS-TV filed this video report from the courthouse:

 

Recommended reading:
New York Times
NY Daily News

Read earlier reports from Firegeezer HERE and HERE.

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Comments - Add Yours

  • kristine

    The legal system allows people to get away with anything is they are drunk. Being drunk is not an excuse for hurting someone with your fists, with your car, with anything. If you are drunk get in your car and kill someone, you can get a slap on the wrist, and now this. Now this judge is saying it’s ok to be drunk as a skunk and strangle someone. He way I see it is, if you are drunk that is your excuse to get out of a lot of things. Just the way I see things.

  • Ron

    F*@k New York! All this is doing is saying its ok to attack EMS/Fire personnel. Would it have turned out the same if the victim was a police officer? Drunk or not the criminal should be held accountable. If I’m drunk and run someone over its not my fault. I was drunk and if I was sober I would never had done anything like that. I call bullshit. If that was my wife I would return the bruises and injuries to Michael Jaccarino. You can’t count on the court system to obtain justice,

  • James

    Wait…. He works for the DA’s office?!?! Big surprise here….

  • http://www.facebook.com/ian.i.jones.52 Ian ‘ianto’ Jones

    Wot a load of bs. Wot kind of crazy law have you guys got in the USA. Its the laughing stock of the world, all your cases take too long cost too much and seen to be run by lawyers who make things up as they go along, twisting and manipulating the law. Only they benefit from it. I wish I had been on the truck with that lady I would have shown him the four corners of the ambulance and then claim “oops I must have been tipsy on the entonox leaking in the cab”

  • mr618

    Gotta love it. You know damned well that if their roles had been reversed, the EMT would be languishing in the slammer. But, no, here, scum-sucking bottom-feeding drunk-as-a-skunk DA skates. I guess if you’re a lawyer, voluntary intoxication IS an absolute defense. Putz gets fired from the DA’s office? Big deal, he’ll go to work either a defense attorney or — even worse — one of those too-big-to-fail outfits where his anti-social tendencies will fir right in.

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