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West Islip resident Jesse Cohen, 24, was sentenced to 30 days in jail, in addition to three years' probation and 1,000 hours of community service after he pleaded guilty to third-degree assault in Suffolk County Court in Riverhead.
The Suffolk County District Attorney’s Office recused themselves from the case due to a conflict, so it was tried by Westchester County District Attorney Anthony Scarpino, Jr.
Shortly before 2:30 p.m. on Dec. 18, 2017, New York State Police trooper Joseph Gallagher was assisting a motorist with a disabled vehicle on an overpass of the Sagtikos Parkway that connects to the Long Island Expressway in Commack.
Gallagher closed one lane, blocking the rear of the disabled vehicle with his patrol car with its emergency lights on.
Scarpino said that Gallagher proceeded to mark off the area with road flares to divert traffic around the police cruiser and disabled vehicle. While he was placing flares around the disabled car, multiple cars successfully drove around him in the right lane safely, the DA noted.
However, Cohen, who was distracted by texting, failed to see Gallagher and drove his car directly into him.
Scarpino said data from Cohen’s phone determined that he sent and received dozens of text messages in a number of separate conversations in the 20 minutes leading up to the crash.
Gallagher remains under constant care in a facility for patients who suffered traumatic brain injuries. He is unable to walk, talk, or eat on his own due to the injuries sustained from Cohen’s crash.
“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,” Scarpino said at the time of Cohen's guilty plea. “The trooper's life will never be the same.
"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 added: “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,” he added. “Put down your device. It’s the law and it could save a life.”
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