Furosemide is good for filling the patient’s bladder, but the patient probably did not call for help filling his/her bladder.

- Rogue Medic

Did the ‘Tough on Assault of EMS’ Brooklyn DA’s Office Accept a Plea from ADA Michael Jaccarino?


 
Did the ‘Tough on Assault of EMS’ Brooklyn DA’s Office Accept a Plea from ADA Michael Jaccarino?

In October, Kings County District Attorney Charles J. Hynes announced his Assaults Against EMT’s and Paramedics Initiative.

In November, Assistant District Attorney Michael Jaccarino (of the Brooklyn DA’s Office) was arrested for assaulting an EMT – including choking the EMT. Choking is not really serious, unless you do not require oxygen to live. I know of some people in EMS who strongly suggest that there is no oxygen getting to their brains, but it would be very wrong for me to test that hypothesis.

 

Kings County District Attorney Charles J. Hynes joined Brooklyn officials including New York Fire Department Commissioner Sal Cassano; Israel Miranda, President of the Uniformed EMT’s, Paramedics and Fire Inspectors Local 2507 FDNY; Senator Martin Golden; Senator Eric Adams; Assemblyman Peter Abbate Jr.; and Assemblyman Felix Ortiz as they called for legislation which would increase penalties for assaults against EMT’s and paramedics. The initiative would also assign an Assistant District Attorney in the Investigations Bureau to review and prosecute these cases.[1]

 

Did the ‘Tough on Assault of EMS’ Brooklyn DA’s Office Accept a Plea from ADA Michael Jaccarino?

Of course they did.

Not just a plea, but no jail time.
 

“That being said,” Jaccarino continued, “I am accepting full responsibility. It’s not going to happen again.”[2]

 

It may be that he does not do this again. Only time will tell.
 

But prosecutors said the misdemeanor disposition was arrived at after a lengthy, detailed investigation — involving interviews with police witnesses, the victim’s partner, the victim herself, and bartenders who had served Jaccarino that night.[2]

 

I understand.

It has been my experience that spending a lot of time interviewing bartenders leads to poor decisions – and I am not even a lawyer.
 

“He is paying the price. He is no longer going to be an assistant district attorney, I can assure everyone in this courtroom of that,” Jaccarino’s lawyer, Gary Farrell, said.[2]

 

Is he going to still be a lawyer?

Private practice is where the money is in law.

Is avoiding criminal assault and pleading to a misdemeanor with no jail, but just 10 days of community service going to hurt his chances of getting a job as a lawyer elsewhere? He also has to go through some alcohol program (no details in the article). Maybe he can find some clients/and or employers in the alcohol program. He may also have contact with some EMS personnel in the alcohol program.
 

As Ms. Soler’s colleagues began to disperse, one suggested that Mr. Jaccarino should spend some time in their shoes, shouting: “He should do his community service on an ambulance.”[3]

 

Also see –

Plea Bargain Avoids Jail, Gets “Slap on Wrist”

and -

Assaults on EMS Providers Cry For Justice

and –

When is a Felony Not a Felony? for a bit more sarcasm than I provided.

Kelly makes the wrong argument. Drunk driving is already covered by specific laws that require intoxication.

What about assault laws that do not require intoxication? What if a drunken Assistant District Attorney Michael Jaccarino had attacked someone with a club, or with a knife, or with a gun? Would the prosecutor be claiming that it would have been difficult to prove that he meant to assault Ms. Soler?

Does possession of a weapon demonstrate intent?

Does access to a weapon demonstrate intent?

Does choking demonstrate less intent?
 

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.”[3]

 

District Attorney Charles J. Hynes appears to be tough on assault only at press conferences.

District Attorney Charles J. Hynes did not hold a press conference this time.

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Footnotes:

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[1] Assaults Against EMT’s and Paramedics Initiative
Brooklyn District Attorney’s Web Page for October 2012.

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[2] City emergency workers livid at wrist slap for drunken prosecutor who assaulted EMT
By Laura Italiano
Last Updated: 6:14 AM, February 14, 2013
Posted: 2:53 AM, February 14, 2013
NY Post
Article

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[3] Prosecutor Who Assaulted Ambulance Worker Avoids Jail Sentence
By Colin Moynihan
Published: February 13, 2013
NY Times
Article

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