By Joseph Ax
NEW YORK, Feb 14 (Reuters) - Brooklyn prosecutor Michael
Jaccarino resigned Thursday, a day after he pleaded guilty to
assaulting an ambulance worker who was transporting him to the
hospital for intoxication.
Jaccarino pleaded guilty Wednesday to reckless assault, a
misdemeanor punishable by up to one year in prison, and was
sentenced to 10 days of community service by Manhattan Criminal
Court Judge Melissa Crane.
The Brooklyn district attorney's office confirmed that
Jaccarino had resigned.
Jaccarino was seen drunkenly wandering on the roadway of the
Brooklyn Bridge after midnight on Nov. 10. After an ambulance
was called and picked him up, Jaccarino attacked Teresa Soler,
an emergency medical technician, striking and choking her,
according to Manhattan Assistant District Attorney Sherita
"Even though the visible injuries the defendant caused have
healed, this case continues to affect her life on a daily
basis," Walton said in court, according to a transcript of her
remarks. "It is especially disturbing to her that this crime
occurred at the hands of one similarly sworn to serve and
protect the public."
Jaccarino, who was suspended without pay following his
arrest, expressed remorse for the incident in court.
Soler and other EMTs had called on prosecutors to pursue a
felony conviction, rather than a misdemeanor.
But Walton told Crane that Jaccarino's level of intoxication
would have made it almost impossible to prove intent, a
necessary element for felony assault.
"In the penal law, intoxication can be a defense to
intentional crimes if the level of intoxication is significant,"
The investigation showed that Jaccarino and several friends
rang up a $300 alcohol bill the night of the incident, and
witnesses who encountered him said he was visibly drunk, Walton
Israel Miranda, the president of the EMTs, paramedics and
fire inspectors union, said the legislature should consider
altering the law to address what he called a "loophole"
"That worries me, because we deal with a lot of intoxicated
patients," he said.
Lawyers who commit crimes are likely to face professional
He is due back in court in April, when he will have to show
the judge he has completed an alcohol treatment program and his
The case is People v. Jaccarino, Criminal Court of the City
of New York, New York County, No. 2012NY085905.
For the prosecution: Assistant District Attorney Sherita
For Jaccarino: Gary Farrell.
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