Brentwood man pleads guilty in LIE crash that nearly killed Suffolk Police Officer Brendon Gallagher

The Brentwood man charged with multiple crimes after allegedly sparking a high-speed crash on the Long Island Expressway that nearly killed a Suffolk police officer agreed to plead guilty on Thursday in exchange for a 10-year prison sentence.

Cody B. Fisher, 29, pleaded guilty to assault on a police officer, second-degree assault and four other crimes outlined in a 10-count indictment during a hearing in Riverhead before Suffolk Supreme Court Justice John B. Collins.

Fisher admitted that he was driving up to 100 mph before the Jan. 5 crash and had been weaving in and out of traffic on the Long Island Expressway. He also acknowledged that he had been drinking and smoking marijuana before the wreck that left Suffolk Police Officer Brendon Gallagher fighting for his life.

Eric Besso of Sayville, one of Fisher’s attorneys, says Fisher is remorseful for the crash that severely injured Gallagher.

"It wasn’t his real intention to hurt Police Officer Gallagher, and he wishes the best for him," Besso said.

Collins ordered Fisher, who will remain in custody, to return to his court on Oct. 21 for sentencing. Fisher faced up to 15 years in prison if convicted on the indictment.

In addition, Fisher was on probation at the time of the crash for a weapons charge stemming from a 2021 Queens road rage incident and faced a seven-year sentence for violating probation. On Wednesday, Collins told Fisher he faced up to 22 years in prison if the sentences ran consecutively.

Besso called the 10-year sentence "a little harsh." "It could have been way harsher and way worse if we went to trial and were to lose," he added.

On Jan. 5, Gallagher was involved in a routine traffic stop on the Long Island Expressway when Fisher sped by at more than 100 mph, prosecutors said. Gallagher, a  member of a unit created to combat illegal street racing, attempted to stop Fisher. Fisher’s 2021 Ford Mustang struck Gallagher’s police vehicle, causing it to flip on its side and hit a tree.

Besso said Gallagher’s conduct contributed to the crash. He said the officer followed Fisher at a high rate of speed and tried to get Fisher to pull over. "The cop was very aggressive in his driving," Besso said. "I wouldn’t say it is his fault, but he was very aggressive in his driving."

Collins pushed prosecutors, Besso and Fisher’s other attorney, Peter Mayer of Hauppauge, to reach a tentative plea deal during a hearing on Wednesday. The judge was clearly exasperated that the parties had not discussed a potential agreement since the last hearing in the case three weeks earlier.

Fisher had pleaded not guilty to the crimes outlined in the indictment during a Jan. 17 arraignment in Riverhead. Jury selection in the case could have begun as early as next week if Fisher had not accepted the plea agreement.

Fisher’s blood alcohol content was 0.06% several hours after the near-fatal crash, Newcombe said, and THC was also in his blood. The legal blood alcohol limit in New York State is 0.08%.

Fisher had been seen drinking at a Holtsville restaurant earlier in the day. His breath and car smelled like marijuana, prosecutors said in January, and his eyes were glassy when he was arrested.

"Our community wants to see an end to people treating our shared roadways like personal racetracks," Suffolk District Attorney Ray Tierney said. "It’s by the grace of God that Officer Gallagher was not killed. It is because of cases like this that my office holds defendants to the highest levels of accountability for impaired or reckless driving."