Brentwood man accused in high-speed chase that nearly killed Suffolk officer, considering plea deal, attorney says

The Brentwood man charged with multiple crimes after allegedly sparking a high-speed crash that nearly killed a Suffolk police officer is considering a plea agreement that would land him in prison for at least a decade, one of his attorneys said following a court hearing in Riverhead.

Suffolk County prosecutors and attorneys for Cody B. Fisher reached a tentative plea bargain on Wednesday afternoon following hours of arguments in front of Suffolk Supreme Court Justice John Collins.

Officer Brendon Gallagher suffered severe injuries and faces a challenging road to recovery as a result of the Jan. 5 crash authorities said was caused by Fisher. The case generated outrage in Suffolk’s law-enforcement community.

The judge ordered Fisher, 29, to return to his courtroom Thursday morning to determine if the defendant will accept the plea bargain. Jury selection could begin as early as next week if Fisher does not accept the deal, Collins said.

Peter Mayer, one of Fisher’s attorneys, said Suffolk District Attorney Ray Tierney’s office did not budge from its first offer, a double-digit prison sentence in exchange for a guilty plea. That proposal, Mayer said, was unacceptable, but prosecutors approached him and Fisher’s other lawyer, Eric Besso, just before lunch with a deal their client should consider.

The deal also includes a double-digit prison sentence, Mayer said. "But it’s a lot more reasonable than what it could have been," he added, declining to discuss further details.

Fisher pleaded not guilty to assault on a police officer, second-degree assault and other crimes outlined in a 10-count indictment during a Jan. 17 arraignment in Riverhead. On Wednesday, Collins told Fisher he faces up to 15 years in prison if convicted on the indictment.

Fisher also faces a 7-year sentence for a probation violation. He was on probation at the time of the crash for a weapons charge stemming from a 2021 Queens road rage incident.

Collins said he urged the parties to reach an agreement at their last hearing, in August, and was clearly exasperated when the attorneys told him they were at a stalemate on Wednesday morning. He pushed the lawyers to reach a tentative agreement by the end of the day and at one point urged Vehicular Crimes Bureau Chief Carl Borelli, who was sitting in the gallery, to get involved in the negotiations.

Gallagher was at a routine traffic stop on the Long Island Expressway when Fisher sped by at more than 100 mph on Jan. 5, prosecutors said. Gallagher, the 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, 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.