New Charges Filed in Crash That Killed Nassau Cop Espinosa

Matthew Smith, 20, of Hauppauge was arraigned Friday on elevated charges including aggravated vehicular homicide in connection with the drunk driving crash that killed Nassau County Police Officer Patricia Espinosa on Jan. 31, court records show.

The arraignment was held before state Supreme Court Justice Timothy Mazzei at Suffolk County Criminal Court in Riverhead.

Smith now faces 19 charges total. The most serious, aggravated vehicular homicide, carries a maximum sentence of 25 years in prison. He is also charged with vehicular manslaughter in the first and second degrees, manslaughter, aggravated vehicular assault, assault, driving while intoxicated, running a red light and speeding. The manslaughter charges carry maximum sentences ranging from seven to 15 years.

Smith was first arrested on Jan. 31, the morning of the crash, and charged with drunk driving and running a red light. The elevated charges were filed ahead of Friday’s arraignment.

Suffolk County police said Smith was driving a 2017 Chevrolet Silverado northbound on Alexander Avenue when he ran a red light and struck a 2019 Alfa Romeo traveling westbound on Route 347 shortly after 6 a.m. on Jan. 31. Espinosa was driving the Alfa Romeo on her way to her shift at the Nassau County Police Department’s 5th Precinct.

Espinosa was transported to Stony Brook University Hospital, where she was pronounced dead. Smith and his passenger, John Andali, were treated at the same hospital for non-life-threatening injuries.

A prosecutor at a prior arraignment stated that Smith’s blood alcohol content measured above 0.18 percent, more than double the legal limit of 0.08 percent.

The Suffolk County District Attorney’s office declined to comment. Efforts to reach Smith’s defense attorney, Anthony Lapinta, were unsuccessful.

Espinosa left behind her husband, Francisco Malaga, who is also a Nassau County police officer, and their 2-year-old daughter, Mia. Her two brothers, Christian and David Almeida, are also police officers, according to Nassau County Police Benevolent Association President Tommy Shevlin.

Shevlin and members of the Nassau County police community have closely followed the case since Espinosa’s death. The loss hit particularly hard given that her husband and brothers serve in law enforcement as well.

The case drew immediate attention from Nassau and Suffolk law enforcement officials after the crash. Espinosa had been commuting to the 5th Precinct in the pre-dawn hours when the collision occurred on the Suffolk-Nassau border area.

Smith’s case now moves through Suffolk County Supreme Court. No trial date has been set as of Friday. The 19-count indictment reflects the full scope of charges prosecutors are pursuing, with the aggravated vehicular homicide count serving as the top charge.

Aggravated vehicular homicide in New York requires prosecutors to prove that a defendant operated a vehicle in a reckless manner and caused the death of another person while driving drunk. A blood alcohol level above 0.18 percent can factor into the elevated charge, according to state law.

Smith faces potential decades in prison if convicted on the top count. The vehicular manslaughter charges would also carry significant prison time if he is found guilty.

The investigation was conducted by Suffolk County police. Prosecutors from the Suffolk County District Attorney’s office are handling the case.

Updates will be published as the case develops.