When a Felony Is Not a Felony

When you're a drunk Brooklyn prosecutor.

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."

So let me get this straight. You're a lawyer and officer of the court – a prosecuting attorney for the Yew York D.A.'s office, in fact – and you punch and attempt to choke to death a female EMT who is trying to help you – care for which you initially consented, by the way – it becomes a misdemeanor and gets you out of jail time because you were drunk at the time.

Let's flip this around. Let's say Teresa Soler has had tee many martoonis before work, and while driving her ambulance, she happens to plow Mr. Jaccarino into a greasy spot in the pavement as he is leaving the couthourse. Leaving aside the obligatory dead lawyer jokes, does anyone believe that Ms. Soler wouldn't be prosecuted for felony intoxication manslaughter and have to serve time behind bars?

How about if she were off-duty, drunk in her own vehicle, and the same thing happened? You think A.D.A. Walton would let her skate because she was drunk?

Or do you only get that kind of lenience when you work with/for the office responsible for prosecuting your crime?

Michael Jaccarino is a douchebag, and deserves to spend a few months at Riker's, being the personal plaything of some of the guys he put behind bars.

  • http://www.facebook.com/EMSquirrel Suzi Bernert

    Again another example of how the EMS professional is somehow perceived as a lesser being. If he had done that to a cop of a firefighter, if he wasn’t dead, he would be in jail for a while.

  • http://www.facebook.com/people/Chris-Maynard/843959572 Chris Maynard

    That is the same argument that a good lawyer in many states will use to get you out of a DUI charge… Because the state is alleging you are under the influence, they are also alleging that you were incapable of understanding your rights such as Miranda and your right to have an attorney present during the DUI process. I have seen it work in court.

  • Me

    Dirty Corrupt Bastards.

  • Pingback: Did the ‘Tough on Assault of EMS’ Brooklyn DA’s Office Accept a Plea from ADA Michael Jaccarino? | Rogue Medic

  • Jennifer

    Wow. Just wow. What ever happened to personal responsibility? Was he jumped on the street, forced into a bar, then force fed shot after shot? Since that part of the story isn’t mentioned, I’m guessing he was drinking of his own free will. If you decide to drink, then you are responsible for your actions, regardless of how drunk you get. Maybe Mr. Jaccarino should be kept in custody until he can prove himself to be a responsible adult.

  • http://www.facebook.com/gina.kotarski Gina Houx-Kotarski

    So, If you’re drunk, you aren’t responsible for your actions? Isn’t that EVERY Drunk Driver’s excuse? Shame on him and his office. He should be held to a higher standard. Period.

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