Matthew Smith of Hauppauge, who is accused of the alleged DWI crash that killed Nassau cop Patricia Espinosa, is scheduled to be arraigned on Friday, March 13, on elevated charges including aggravated vehicular homicide.
The most severe charge is aggravated vehicular homicide. This charge has a maximum sentence of 25 years.
Smith, 20, was first arrested on Jan. 31 and charged with drunk driving and running a red light. He is accused of causing the accident with Espinosa, who was on her way to work at the Nassau Police Department’s 5th Precinct in the early morning. The crash resulted in her death.
Smith is now facing 19 charges in total, according to court records. Friday’s arraignment will be held before state Supreme Court Justice Timothy Mazzei in Suffolk County Criminal Court in Riverhead.
The Suffolk County District Attorney’s office declined to comment. Efforts to reach Smith’s defense attorney, Anthony Lapinta, were unavailing.
Smith is also facing vehicular manslaughter charges in the first and second degrees. These and an additional manslaughter charge have maximum sentences of seven to 15 years.
Smith is also charged with aggravated vehicular assault, assault, driving while intoxicated, driving through a red light and speeding.
Suffolk police said that Smith was driving a 2017 Chevrolet Silverado northbound on Alexander Avenue when he blew a red light and struck a 2019 Alfa Romeo heading westbound on Route 347 shortly after 6 a.m. Jan. 31.
A prosecutor at a previous arraignment said Smith’s blood alcohol level was above 0.18%, more than double the legal limit of 0.08%.
Espinosa was taken to Stony Brook University Hospital, where she was pronounced dead. Smith and his passenger, John Andali, were treated for non-life-threatening injuries at the same hospital.
Espinosa left behind a 2-year-old daughter, Mia, and her husband, Francisco Malaga, who is also a police officer, as are her two brothers, Christian and David Almeida, according to the Nassau County Police Benevolent Association President Tommy Shevlin.
