Defendant: Jesse Cohen (DOB 01/30/96)
JULY 22, 2019 -- (Riverhead, NY) Westchester County District Attorney Anthony A. Scarpino, Jr. announced that motorist Jesse Cohen of West Islip, NY, pleaded guilty in the traffic crash which seriously injured NYS Trooper Joseph Gallagher in Suffolk County in December 2017. Trooper Gallagher remains in a facility for traumatic brain injury and is severely disabled.
Cohen pleaded guilty as charged to Assault in the Third Degree with Criminal Negligence, a class A misdemeanor. He appeared in Suffolk County Court in Riverhead today before Judge Fernando Camacho.
Under the plea agreement, Cohen will serve 30 days in jail, in addition to three years’ probation and 1,000 hours of community service. He was remanded into custody at the Suffolk County Jail to begin serving his term. Sentencing is scheduled for Oct. 9, 2020.
The Westchester DA’s Office was appointed Special Prosecutor. The Suffolk County District Attorney’s Office recused themselves due to a conflict.
Background
On Dec. 18, 2017, just before 2:30 p.m., Trooper Joseph Gallagher was assisting a motorist with a disabled vehicle on a two-lane overpass connecting the Long Island Expressway (LIE) with the Sagtikos Parkway in Commack in the Town of Smithtown. Trooper Gallagher closed one lane and exited his patrol car. While he placed flares to divert traffic around the disabled car, more than one car successfully drove around him in the right lane. However, motorist Jesse Cohen, who was distracted by texting conversations, failed to perceive the uniformed trooper and drove his car directly into him.
Data from Cohen’s phone showed he sent and received dozens of text messages in a number of separate conversations in the 20 minutes while he was driving, immediately prior to striking Trooper Gallagher.
Today, Trooper Gallagher remains under constant care in a facility for patients suffering with traumatic brain injury. Because of his severe injuries, he cannot walk, talk or even eat on his own.
Westchester County District Attorney Anthony A. Scarpino, Jr. said, “The evidence that Jesse Cohen was distracted by text message conversations was overwhelming and today he admitted to causing the devastating crash which resulted in serious injury to Trooper Gallagher. The trooper's life will never be the same. Our thoughts remain with him and his family." DA Scarpino added, "If anything can come of this tragedy, it's reinforcing for everyone 'Don't text and drive.'"
New York State Police Superintendent Keith M. Corlett said, “This crash and the serious injuries that left Trooper Gallagher severely disabled were 100 percent preventable. Using an electronic device behind the wheel is dangerous for the driver, other motorists and our first responders who are working to protect the driving public. Put down your device. It’s the law and it could save a life.”
Westchester County Assistant District Attorneys Julia Cornachio, Chief of the District Attorney’s Office Vehicular Crimes Bureau, and Jonathan Strongin, Deputy Chief of the Career Criminal Bureau, prosecuted the case.
