(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced that Cody B. Fisher, 29, of Brentwood, was indicted for Assault on a Police Officer and several other related charges, for allegedly driving while impaired by the combined influence of alcohol and marijuana, speeding, failing to pull over, and crashing into Suffolk County Police Officer Brendon Gallagher’s vehicle during a pursuit that caused the officer’s car to flip and crash into a tree.
“The serious injuries sustained by Officer Gallagher, who was simply upholding his duty to protect our community, underscores the devastating consequences of dangerous driving,” said District Attorney Tierney. “The charges contained in the indictment reflect the severity of these actions, and we intend to hold the defendant fully accountable under the law.”
According to the investigation, on January 5, 2025, just before 6:00 p.m., Officer Gallagher was conducting a traffic stop of another motorist on the Long Island Expressway between exits 57 and 58. Fisher allegedly sped by Officer Gallagher in a 2021 Ford Mustang and revved his engine. Officer Gallagher left the traffic stop he was at, and then proceeded to attempt to pull Fisher over.
As Gallagher pulled alongside the defendant’s car, Fisher allegedly hit Officer Gallagher’s police vehicle, causing it to lose control, flip on its side, and smash into a tree on the side of the expressway.
Officer Gallagher needed to be extricated from the vehicle and was airlifted to Stony Brook University Hospital where he was treated for serious injuries including a torn aorta and abdominal injuries which required surgery. Officer Gallagher remains at the hospital.
Following the crash, Fisher’s vehicle allegedly traveled hundreds of feet on the side of the road before coming to rest. When police arrived, they observed that Fisher had glassy bloodshot eyes, slurred speech, and was unsteady on his feet. The officers also observed a strong smell of burnt marijuana emanating from Fisher’s person and from his vehicle. Fisher was placed under arrest at the scene.
On January 17, 2025, Fisher was arraigned on the indictment before Supreme Court Justice John B. Collins, for the following charges contained in the indictment:
• Assault on a Police Officer, a Class C violent felony;
• Assault in the Second Degree, a Class D violent felony;
• Vehicular Assault in the Second Degree, a Class E felony;
• Unlawful Fleeing a Police Officer in the Second Degree, a Class E felony;
• Reckless Endangerment in the Second Degree, a Class A misdemeanor;
• Driving While Ability Impaired by Drugs, an Unclassified misdemeanor;
• Driving While Ability Impaired by the Combined Influence of a Drug or Alcohol and Drugs, an Unclassified misdemeanor;
• Unlicensed Operation of a Motor Vehicle in the Third Degree, an Unclassified misdemeanor;
• Reckless Driving, an Unclassified misdemeanor; and
• Speeding, a traffic infraction.
Justice Collins ordered Fisher to be held on $1 million cash, $2 million bond, or $10 million partially secured bond during the pendency of the case, and Fisher’s driving privileges in New York State were suspended.
Fisher is due back in court on February 20, 2025, and faces up to 15 years in prison if convicted of the top count. He is being represented by Eric Besso, Esq.
This case is being prosecuted by Acting Deputy Bureau Chief Laura Newcombe and Assistant District Attorney Annmarie DiBlasio of the Vehicular Crime Bureau, with investigative assistance by Detective Donal Hughes of the Suffolk County Police Department’s Major Case Unit.