Brooklyn Assistant District Attorney Michael Jaccarino, 30, was arrested this weekend after he allegedly attacked a female EMT worker who was responding to a call of an intoxicated man on the Brooklyn Bridge around 1 a.m. He’s charged with assault, criminal obstruction of breathing, menacing and harassment
Jaccarino was leaving the pedestrian pathway when emergency workers stopped him and he voluntarily entered the ambulance. However, when they tried to take him to Beth Israel Hospital, they said that he became violent and ripped off an arm strap on the seat. He then allegedly smacked EMT Teresa Soler, 46, in the face with his forearm. After knocking her to the ground, he reportedly began choking her.
Soler had bruises to her right cheek, right wrist and chest.
Jaccarino began work with the prosecutor’s office in 2008.
I am not sure of the harassment or menacing charge since it sounds like this was a sudden and brief act. Ironically, this is the type of charge that defense attorneys often challenge as count stacking or excessive charging by prosecutors.
Jaccarino is a graduate of the State University of New York Buffalo Law School. He joins other drunk prosecutors recently arrested in cases of physical assaults or destruction (here and here and here). Just in case you thought it was just prosecutors being arrested this week, think again.
Source: New York Times
You say he was on the bridge and left the pedestrian pathway….. Ones mind does not have to go to far to figure this out… Especially if the EMS was called……
What? He was peeing off the bridge? Flashing to boats? Gonna jump off? Fishing?
Strange behavior. This individual may need to be looked at by a shrink or a substance abuse counselor. Sad.
None of the prosecutors I worked w/ in KC were as whacky as this bozo and that woman in Chicago. Maybe it’s the water?
So What, People saw a penis. Would people be happy to see a barrel of a gun? The penis is not bad. But this is evidence that strong drink is raging.
“criminal obstruction of breathing”
Now that’s an interesting charge.
Gene,
That one caught your attention too? Is that a new fangled way of saying “choking”?
Raft,
I wonder if he was going to be a jumper…. It’s not like this was the first person to do so….
AY, There are jumpers all the time on the Coronado Bridge in San Diego. It closes down the bridge. There was an outrage a couple years ago when a jumper took a police dog w/ him. I never understood why there was a K-9 unit dispatched..maybe just the closest vehicle. There was much more compassion expressed for the dog.
“criminal obstruction of breathing” Really????
Come on Guya/girls—call a spade a spade.
Now we have “legal obstruction of breathing” as a counterpoint.
Does that mean the the police are allowed to waterboard now? EIT next?
And once it is in the statutes, it is easy to corrupt in practice, including expanding on whom it may be applied to and what mathods and materials (tasers?) may be used.
I think your making too much of this, He didn’t want to go to the hospital, He was being held aganist his will and he used force to get out of the ambulance.
Blouise,
Perhaps, but the wording makes me think it could cover other crimes than battery involving choking. If I get a chance, I’ll look at the statute.
If you’re in an ambulance and you’re restrained, it should probably be assumed that you’re ill. If you’re ill, aren’t you expected to act like a person who is not in perfect control of his senses? Isn’t this an obvious “NCR”? I once came out of anesthetic for having wisdom teeth extracted and the dentist was smacking my face to wake me up and I freaked and cussed him out and almost physically attacked him. Then I was so embarrassed (he was a friend of my boss) I wouldn’t come out of the recovery room to go home; the nurse came in and told me it happens all the time. She was laughing about it. For chrissake, when you’re out of it, medical personnel usually take that into account!
I believe the reason for the wording “Criminal Obstructing of Breathing” was codified to include other forms of suffocation that would have the same effect on the victim. Choking would mean obstructing the neck, but if the suspect held the mouth and nostrils closed to cause the victim to suffocate and the statute said only choking the elements of the crime would not apply but the victim could face death as well.
The statute is designed I would say to include all forms of asphyxiation.
Did he “voluntarily” entered the ambulance? OK it looks like he was suicidal, however, there are questions to be asked: If it quacks like a duck….the old familiar ring! How did they try to take him to Beth Israel??? Not buying the LIE!
Did he deny suicidal ideation??? Bruce and Malisha both hit the nail on the head.
The familiar cover!
Tell you what I think happened: Soler was trying to restrain him against his wishes, and he was not co-operating. She also (being in familiar territory) and with the assurance of her co workers was going to take him to the hospital against his wishes…WHETHER HE WANTED TO GO, OR NOT!!!
Don’t get me wrong, we know the errors in connection to him, I don’t have to list them, use your mind! They took advantage of an inebriated person. It appears that suicide (though it is a moral offense to God) is not considered a crime in the USA. Who knows what kind of corruptions, daily, yearly immoral depravities he was being forced to commit by his bosses: And by now many of you ought to know who are his Bosses! Perhaps he was just tired of it all, and without knowing Christ, he had no way out!
Article 121
STRANGULATION AND RELATED OFFENSES
121.11 Criminal obstruction of breathing or blood circulation.
121.12 Strangulation in the second degree.
121.13 Strangulation in the first degree.
121.14 Medical or dental purpose.
S 121.11 Criminal obstruction of breathing or blood circulation.
A person is guilty of criminal obstruction of breathing or blood
circulation when, with intent to impede the normal breathing or
circulation of the blood of another person, he or she:
a. applies pressure on the throat or neck of such person; or
b. blocks the nose or mouth of such person.
Criminal obstruction of breathing or blood circulation
is a class A misdemeanor.
S 121.12 Strangulation in the second degree.
*Hate Crime Specified Offense
A person is guilty of strangulation in the second degree when he or
she commits the crime of criminal obstruction of breathing or blood
circulation, as defined in section 121.11 of this article, and thereby
causes stupor, loss of consciousness for any period of time, or any
other physical injury or impairment.
Strangulation in the second degree is a class D felony.
*Class D Violent Felony
S 121.13 Strangulation in the first degree.
*Hate Crime Specified Offense
A person is guilty of strangulation in the first degree when he or she
commits the crime of criminal obstruction of breathing or blood
circulation, as defined in section 121.11 of this article, and thereby
causes serious physical injury to such other person.
Strangulation in the first degree is a class C felony.
*Class C Violent Felony
S 121.14 Medical or dental purpose.
For purposes of sections 121.11, 121.12 and 121.13 of this article, it
shall be an affirmative defense that the defendant performed such
conduct for a valid medical or dental purpose.
“Your Honor, years ago I recognized my kinship with all living beings, and I made up my mind that I was not one bit better than the meanest on earth. I said then, and I say now, that while there is a lower class, I am in it, and while there is a criminal element I am of it, and while there is a soul in prison, I am not free.”
Eugene V. Debs Nov. 18, 1918
The most effective. inexpensive way to deter “jumpers” is to put two diving boards at the mid-point of the bridge – or perhaps one low board and one high board on each side of the bridge. Maybe hang some clown masks and a mirror on a hangar nearby.
“He’s charged with … criminal obstruction of breathing …”
Gene
he was just trying to get her to open her mouth
pete,
I’m sure you’re right.
Bill McWilliams,
Is Debs where MLKjr got his drive against the Vietnam war and his speech declaring why he was opposed to the Vietnam War?
He used a similar one in describing it in his famed church speech in NYC. As long as they were
persecuted, so was he. And us all.
idealist,
Good question. I know a good deal about Dr. King but I don’t know the answer to your question. If I may speculate, I’d say it probably influenced his sermon at Riverside Church, but to what degree, who knows?
Good catch.
BTW, if you don’t know much about the Rev. Vernon Johns, he’s a very interesting figure, and was the Dexter Avenue Baptist church who was fired, then replaced by Dr. King. Check him out. Definitely.
Bill McWilliams
Serendipity again comes my way. Thanks for the tip.
I should spend some time deepening myself in Dr King, and since you recommend it, the other Reverend.
I would have supported Dr. King as a candidate for President, even if the times were not ready for it and he not qualified for public service.
We have Vice Presidents who have been useed in different manners. With Dr King as one, we need not look for spiritual guidance or moral ones to raise our eyes and vision to a higher plane. Inspired he was.
I guess he is not married yet and was trying to propose that EMT worker. But she was unable to understand the presentation.