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

Brentwood man pleads guilty in LIE crash that nearly killed Suffolk Police Officer Brendon Gallagher. Suffolk County, Long Island.

Updated Sep 4, 2025
CRITICAL INCIDENT
Road
Lie
Town
Brentwood
County
suffolk County
Reported
Source
News Sources
📌Approximate area — Brentwood centroid Open in Google Maps →

Map showing incident location at 40.7800, -73.3000 Incident location, Long Island

What Happened

Cody B. Fisher, 29, of Brentwood pleaded guilty Thursday to charges relating to a January crash on the Long Island Expressway that critically injured Suffolk Police Officer Brendon Gallagher, according to Newsday. Fisher accepted a plea deal for a 10-year prison sentence during a hearing before Suffolk Supreme Court Justice John B. Collins in Riverhead.

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, prosecutors said. He also acknowledged that he had been drinking and smoking marijuana before the wreck that left Officer Gallagher fighting for his life. Fisher pleaded guilty to assault on a police officer, second-degree assault and four other crimes outlined in a 10-count indictment.

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.

Fisher’s blood alcohol content was 0.06% several hours after the near-fatal crash, and THC was also detected in his blood, prosecutors said. 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 when he was arrested, and his eyes were glassy, prosecutors said in January.

Eric Besso of Sayville, one of Fisher’s attorneys, said Fisher is remorseful for the crash. “It wasn’t his real intention to hurt Police Officer Gallagher, and he wishes the best for him,” Besso said. However, Besso also claimed that Gallagher’s conduct contributed to the crash, saying 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.”

Location & Road Context

The crash occurred on the Long Island Expressway, where Fisher was weaving in and out of traffic at speeds exceeding 100 mph before striking Officer Gallagher’s patrol vehicle. The LIE has 126 recorded incidents in the Long Island Traffic database, with recent incidents including various roadwork and construction activities.

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. Collins told Fisher on Wednesday that he faced up to 22 years in prison if the sentences ran consecutively. Fisher originally faced up to 15 years in prison if convicted on the indictment.

Fisher had pleaded not guilty to the crimes outlined in the indictment during a Jan. 17 arraignment in Riverhead. Collins pushed prosecutors and Fisher’s attorneys, Peter Mayer of Hauppauge and Eric Besso, to reach a tentative plea deal during a Wednesday hearing. The judge was clearly exasperated that the parties had not discussed a potential agreement since the last hearing three weeks earlier. Jury selection could have begun as early as next week if Fisher had not accepted the plea agreement.

Collins ordered Fisher, who will remain in custody, to return to court on Oct. 21 for sentencing. Besso called the 10-year sentence “a little harsh” but added, “It could have been way harsher and way worse if we went to trial and were to lose.”

Broader Impact

“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.”

Topics

LieBrentwoodSuffolk CountySuffolk County accidentBrentwood trafficBrentwood accidentserious accidentLong Island accident todayLong Island traffic todayLong IslandNY

Frequently Asked Questions

What should I do if I'm in a car accident Lie in Brentwood?

Call 911 immediately if anyone is injured or if the vehicles can't be moved safely off the roadway. Stay at the scene — leaving the scene of an accident with injuries is a crime under New York Vehicle and Traffic Law §600. Exchange license, registration, and insurance information with every other driver involved. Take photographs of every vehicle, the position of the vehicles before they're moved, all license plates, the road surface, traffic signs, and any visible injuries. Get the names and phone numbers of every witness — police often won't capture bystander witnesses on their own. Seek medical attention within 24 hours even if you feel fine; soft-tissue injuries and concussions can take a day or two to present, and a delayed medical visit weakens an injury claim. SCPD covers the five western towns of Suffolk County. The five East End towns (Southampton, East Hampton, Riverhead, Southold, Shelter Island) have their own town/village police forces. New York State Police Troop L responds to accidents on state highways including I-495 (LIE), Sunrise Highway (NY-27), Sagtikos Parkway, and Heckscher State Parkway.

How long do I have to file a no-fault claim in New York?

Thirty days. New York Insurance Law §5102 requires you to file a Personal Injury Protection (PIP/no-fault) application with the insurer of the vehicle you were in (or, if you were a pedestrian or cyclist, with the insurer of the striking vehicle) within 30 days of the accident. Missing the 30-day deadline can void your no-fault benefits — that's up to $50,000 in medical bills and 80% of lost wages (capped at $2,000/month) per injured person. The form is the NF-2 application; your insurance carrier provides it on request. New York no-fault is a true PIP system: it pays regardless of who caused the crash.

What counts as a "serious injury" under New York law?

Under Insurance Law §5102(d), a "serious injury" is one that meets at least one of these categories: (1) death; (2) dismemberment; (3) significant disfigurement; (4) a fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function, or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; or (9) a medically determined injury that prevents the injured person from performing substantially all daily activities for at least 90 of the first 180 days following the accident. Only injuries that meet one of these nine categories create the right to sue the at-fault driver for pain and suffering damages — short of that threshold, recovery is limited to no-fault PIP benefits. Disputes over whether an injury meets the threshold are the single most-litigated issue in NY motor-vehicle cases.

How long do I have to sue after a Long Island car accident?

Three years from the date of the accident for personal injury claims under CPLR §214(5). Wrongful death claims have a two-year deadline under EPTL §5-4.1. If a government entity is involved (a county vehicle, a road defect on a state highway, a defective traffic signal, a county bus), you must file a Notice of Claim within 90 days under General Municipal Law §50-e — that's a non-negotiable jurisdictional deadline, and missing it usually bars the claim entirely. Property-damage-only claims have the same three-year clock. The clock starts on the day of the accident, not the day you discover the full extent of an injury.

Can I still recover compensation if I was partly at fault?

Yes. New York is a pure comparative negligence state under CPLR §1411. Even if you were 90% at fault, you can still recover 10% of your damages. (A pending 2026 budget proposal would change this to a 51% bar — meaning a plaintiff who is more than 50% at fault would recover nothing — but that hasn't passed.) Insurance carriers routinely try to inflate the injured driver's percentage of fault to reduce payouts. The percentage assignment is decided by the jury at trial (or negotiated during settlement); it isn't fixed by the police accident report and isn't binding even when the report assigns fault. Reporting practice and the actual legal apportionment are separate questions.

Who can file a wrongful death claim in New York?

Under EPTL §5-4.1, only the personal representative (executor or administrator) of the deceased's estate can bring a wrongful death action — not the deceased's family directly. The estate is opened in Surrogate's Court of the county where the deceased lived. Damages flow to the spouse, children, parents, and other distributees defined under EPTL §4-1.1. Recoverable damages include loss of financial support, loss of parental guidance for surviving children, and conscious pre-death pain and suffering (recovered through a separate "survival action" under EPTL §11-3.2). New York is unusual in NOT allowing surviving family members to recover for their own emotional grief — only economic losses to the estate. The wrongful-death two-year statute of limitations is shorter than the three-year personal-injury statute, so the deadline is critical.

How do I get a copy of the police accident report?

If Suffolk County Police Department (SCPD) responded to the scene, the report is filed under an MV-104A form. In New York State, you can request a copy through the DMV at https://dmv.ny.gov/vehicle-safety/get-copy-accident-report (roughly $7 online, $10 by mail) once the responding agency has uploaded it to the state system, which usually takes 5-10 business days. NCPD and SCPD also have their own direct-request processes through the precinct that responded. If you weren't injured but the property damage exceeded $1,000, New York VTL §605 requires you (the driver) to file your own MV-104 report with the DMV within 10 days regardless of whether police responded.

How dangerous is Lie near Brentwood?

Long Island Traffic tracks every reported incident on this road across both counties — see the road profile page for the multi-year accident count, severity distribution, and the specific intersections that show repeated incident clusters. Suffolk and Nassau county roads with chronic problems are reviewed by their respective DOTs on a multi-year cadence; persistent issues are sometimes addressed with new signal phasing, lane-narrowing treatments, or — in extreme cases — a Vision Zero engineering response. Daily incident updates flow into our live-events feed every fifteen minutes.

Disclaimer: Incident information on this page is compiled from public sources including police reports, traffic agencies, and news outlets. It is provided for informational purposes only and may not reflect the most current status of this incident. Do not rely on this information for legal, insurance, or emergency decisions. For emergencies, call 911.