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Home  >  EMS Topics  >  Safety  >  "Exceptional" people don't try and kill EMTs
February 14, 2013
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EMS News in Focus
by Art Hsieh

"Exceptional" people don't try and kill EMTs

Michael Jaccarino was sentenced to 10 days community service for hitting and choking a responder

By Art Hsieh

"The defendant lived an exceptional life for 30 years." Those were the words of the lawyer representing the  Brooklyn prosecutor who pleaded guilty Wednesday to reckless assault in an attack on an EMT, but escaped a jail term.

"Lived an exceptional life for 30 years"?! Yeah, except for when he was trying to kill an EMT. I guess in New York that's considered part of living an exceptional life.  

I suppose it didn't hurt that the defendant was a prosecutor, being prosecuted by a... right, another prosecutor.

You might guess that this is a little upsetting. I was reserving judgment on the case, waiting to see if there would be a common sense sentence associated with the crime.

I mean, most folks who are so drunk out of their minds that they perform stupid acts usually receive some form of incarceration time, as punishment.

Or, some monetary fine to pay back the victim who was impacted by the drunkard's actions.

Unless of course you belong to the same group of folks who help to make these decisions.

"Community time" apparently is appropriate for someone like that. Or for someone who has a good defense attorney. Oh wait, aren't they all…lawyers?

If you think I'm just a little frosted by this, you win. EMS providers must be afforded the same level of protection as other public safety providers.

The laws must apply fairly to all citizens, regardless of rank or privilege. This verdict shows that, at least in New York, it's not.

Just listen to the words of the EMT, Teresa Soler. “I basically thought he was going to kill me. . . . He had his arm on my neck and he had me pinned with his knee on my stomach," she said.

“I couldn’t scream. I couldn’t call for help. I couldn’t swallow.”

 


About the author

EMS1 Editor in Chief Art Hsieh, MA, NREMT-P currently teaches at the Public Safety Training Center, Santa Rosa Junior College in the Emergency Care Program. In the profession since 1982, Art has worked as a line medic and chief officer in the private, third service and fire-based EMS. He has directed both primary and EMS continuing education programs. Art is a published textbook author, has presented at conferences nationwide, and continues to provide patient care at a rural hospital-based ALS system. Contact Art at Art.Hsieh@ems1.com.
Comments
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Mike S. Dumond Sr Mike S. Dumond Sr Friday, February 15, 2013 3:55:00 AM Come on Art, you actually expected them to be fair and unbiased about this? Actually, so was I. What were we thinking. I guess she could complain to the NY bar. Oh wait, more lawyers.
Dave Springer Dave Springer Friday, February 15, 2013 12:55:31 PM Art, you are always so right on. You are level headed, your thoughts are well thought out, and you don't go off half cocked.
Earl Wilson Earl Wilson Friday, February 15, 2013 1:29:50 PM Just another reason for me to dislike the legal profession.
Andrew Patterson Andrew Patterson Friday, February 15, 2013 2:09:50 PM Ironically the Charles Hynes, the boss of this guy spoke with a paper in the fall about increasing the charge for assaulting an EMT to a felony. http://journalism.blog.brooklyn.edu/brooklyn-da-pushes-to-increase-penalties-for-assaulting-emt-workers/
Bill Henderson Bill Henderson Saturday, February 16, 2013 7:17:12 AM "Community time" Is not that what we who are volunteers do, and I have been doing for 49+ years as an EMT-I.this is unbelievable. Yet we are expected to help them when they are in need.
Steven W. Wilgus Steven W. Wilgus Saturday, February 16, 2013 11:44:50 AM there is always Civil Court where evidentiary rules and reg's are far different - and as seen in the OJ Simpson fiasco, this route remains OPEN for the victim here. I suggest finding a lawyer who has a dislike for said lawyer who assualted one of our own...
Steven W. Wilgus Steven W. Wilgus Saturday, February 16, 2013 11:46:12 AM assaulting EMS/Fire/Law Enforcement members in the performance of their duties SHOULD be a Felony status charge. That it isn't is - dare I say it? - criminal.
Daniel Hart Daniel Hart Saturday, February 16, 2013 4:23:13 PM Its a felony to assault a bus driver, but not an EMT or medic? Just wrong
Anthony Richard Anthony Richard Saturday, February 16, 2013 7:12:12 PM The ironic truth? It IS a felony (class E) in the state of NY
Danielle Connell Danielle Connell Saturday, February 16, 2013 4:47:46 PM but when the DA's office says jump, they expect us to say how hi. I stopped helping them a long time ago. I was assaulted and they wanted to give my perp probation. I have no respect for the DA's office in NYC.
Sue E Scott Sue E Scott Saturday, February 16, 2013 5:29:13 PM Dare I say, "He better hope he doesn't need EMS ever again."?
Valerie Frank Serao Valerie Frank Serao Sunday, February 17, 2013 10:13:01 PM I need to day this.THIS IS A FELONY IN NYS! BUT this POS was ALSO charged with a "lesser charge"; a misdemeanor, to which I'm sure he was advised to plead guilty. He did. So he manages to keep his law license, but I doubt he will keep his job. And if he does? I hope every EMT and Paramedic in the NATON will make their voices heard. So this "upstanding citizen" was given a special "old boy's club" secret handshake, and a wink, and 10 DAYS of community service and EMT Solar will have to deal with the aftermath of a horrific assault the rest of her life. As a retired NYC Medic I was one of the many who fought to make this kind of crime a felony. To see our advocacy so easily undermined is sickening. Everyone dropped the ball. The Union, The FDNY, the Brooklyn and Manhattan DA's offices and most importantly the Judge who made this shamful ruling. It's disgusting.
Jake Stein Jake Stein Tuesday, February 19, 2013 2:55:40 PM Instead of blaming everyone and everything, why wasn't this EMT provided better training on how to call for backup in a situation with a drunk? Blaming the legal system is just another way to get out of raising the standard for providing EMTs with the necessary assesment skills to understand potentially dangerous situations. This EMT's words also make for great drama for the civil lawsuit. Ignor the rules of basic safety and get rich quick. We also may never know all the actual details of what happened in that ambulance.

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