Rochester, N.Y. -- Greece Police Sergeant Nicholas Joseph has been convicted on all charges stemming from a June 7, 2008 hit-and-run accident on Route 390.
Joseph was found to have been driving while under the influence of alcohol and cocaine at the time he crashed into Alexis Sharp's stalled car on the highway. Joseph, who was off duty at the time, then left the scene of the accident, and Sharp went into premature labor, delivering her baby 14 weeks early.
Baby Azaria spent 93 days in the hospital and suffers ongoing medical problems.
Joseph was found guilty of felony counts of aggravated vehicular assault, two counts of second-degree assault, leaving the scene of a personal injury accident, and first-degree perjury; as well as two misdemeanors: driving while ability impaired and seventh-degree criminal possession of a controlled substance.
Prosecutors said Nick Joseph had four drinks, two shots, and cocaine in the two hours before he slammed into the back of Alexis Sharp’s car at more than 75 miles per hour, and that there was no evidence he braked or attempted to evade the stalled car.
Video from Spenders Bar on Lyell Avenue played during trial showed Joseph being served the equivalent of seven shots of alcohol in a span of 53 minutes. But the video did not show Joseph guzzling the drinks or even finishing the drinks, and so Joseph’s blood-alcohol content level was not allowed into evidence.
However, analysis of blood samples taken from the airbag of the Ford Fusion Nick Joseph was driving concluded that the traces of cocaine found there had been metabolized into his blood and were likely ingested within an hour of the time he struck Alexis Sharp’s car. That evidence was allowed over the objections of the defense.
Joseph said he was dazed and confused and wandered away from the accident scene, waking up in his garage five hours later. But prosecutors said within minutes of the crash, Joseph ran across 390 South and disappeared and didn’t seek treatment until 12 hours later. Instead, he took a shower, and made a series of calls to members of the Greece Police Department—including Chief Merritt Rahn.
“He was aware of the circumstances right at that moment when he got out of the car,” said Assistant District Attorney Sandra Doorley after delivering closing arguments. “He knew he was in trouble, and he had to get out of there.”
When asked why he didn’t call police when he woke up in his garage, Joseph told the grand jury that, being a sergeant, he thought he could “piece it together” himself.
Greece Police Chief Merritt Rahn has scheduled a press conference for 4 p.m. Monday afternoon to discuss the verdict. Joseph's conviction of several felony charges means he's automatically fired from the police department.
The Monroe County District Attorney's Office is also going to study the
conduct of the Greece Police Department in the crash investigation.
“We will examine everything that happened,” District Attorney Mike Green said. “We will find out the truth about everything that happened… If we find evidence things were done that were improper or illegal there are courses of action for us to follow under the law to deal with those things.”
Judge Francis Affronti delivered the verdict in the non-jury trial Monday afternoon. Joseph had waived his right to a jury trial.
Sentencing is scheduled for May 12, and Joseph will remain free until then. Judge Affronti said there is no indication Joseph is a flight risk and that special arrangements have to be made anytime a police officer is incarcerated to protect him from other inmates.
Joseph's sentence could range from probation for some of the charges, to 8 to 26 years in prison for the most serious offenses.
