Matthew Smith of Hauppauge, who is accused of the alleged DWI crash that killed Nassau police officer Patricia Espinosa, was handed elevated charges, including aggravated vehicular homicide, in a Friday, March 13, indictment in Suffolk County Criminal Court in Riverhead.
The most severe charge is aggravated vehicular homicide, which has maximum sentence of 25 years.
“This indictment reflects the devastating consequences of reckless and unlawful behavior behind the wheel. A police officer who dedicated her life to protecting this community was simply on her way to work when her life was tragically taken,” said Suffolk County District Attorney Raymond Tierney. “Our office will pursue this case vigorously and seek full accountability under the law. We stand with the officer’s family, loved ones, and colleagues as they continue to mourn this profound loss.”
Smith, 20, was first arrested on Jan. 31 and charged with drunk driving and running a red light. He is accused of causing the fatal car crash invoving Espinosa, who was traveling to work at the Nassau Police Department’s 5th Precinct in the early morning.
Efforts to reach Smith’s defense attorney, Anthony Lapinta, were unavailing.
Smith is now facing 19 charges in total, according to court records.
The vehicular manslaughter charges in the first and second degrees and an additional manslaughter charge carry 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 Smith was driving a 2017 Chevrolet Silverado northbound on Alexander Avenue after leaving Jakes 58 Casino Hotel, 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.
Smith is scheduled to appear in court again on April 20. He faces upwards of 8 1⁄3 to 25 years in prison.
