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:
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Also on FireGeezer…
- Boozey Brooklyn Prosecutor Jailed After Assaulting EMT – November 11, 2012
- Angry Medics Flock to Court Hearing for Attacker – January 9, 2013