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Prosecutors say Matthew Smith, 20, hit speeds of 125 mph, drank throughout the night, and blew a red light before killing Officer Patricia Espinosa on her way to work
The Hauppauge man accused of killing Nassau County Police Officer Patricia Espinosa in a drunk driving crash has been hit with a sweeping 19-count indictment — with prosecutors throwing the book at him on charges ranging from aggravated vehicular homicide down to running a red light.
Matthew Smith, 20, is set to be arraigned Friday before Judge Timothy Mazzei in Suffolk County Criminal Court in Riverhead. If convicted on the top count — aggravated vehicular homicide with a blood alcohol content of .18 percent or more — he faces between 8 and 25 years in prison.
The grand jury indictment dramatically escalates the legal jeopardy facing Smith since his initial DWI arrest following the Jan. 31 crash in St. James that killed Espinosa, a 42-year-old mother and 10-year Nassau Police veteran.
The charges
The 19-count indictment against Smith includes:
- Aggravated Vehicular Homicide (.18% BAC or more) — Top charge, Class B Felony
- Aggravated Vehicular Homicide: Killing One Person, Injuring Another — Class B Felony
- First-Degree Vehicular Manslaughter (.18% BAC or more) — Class C Felony
- Second-Degree Manslaughter: Recklessly Causes Death — Class C Felony
- Aggravated Vehicular Assault (.18% BAC or more) — Class C Felony
- Aggravated Vehicular Assault: Injuring More Than One Person — Class C Felony
- Second-Degree Assault: Recklessly Causing Serious Injury with a Weapon — Class D Felony (two counts)
- Second-Degree Vehicular Manslaughter: Vehicle/Vessel — Class D Felony
- First-Degree Vehicular Assault (.18% BAC or more) — Class D Felony
- Second-Degree Vehicular Assault: Injury — Class E Felony
- Aggravated DWI: No Prior Conviction — Unclassified Misdemeanor
- Operating Motor Vehicle BAC .08% or More (First Offense) — Unclassified Misdemeanor
- DWI: First Offense — Unclassified Misdemeanor
- Second-Degree Reckless Endangerment — Class A Misdemeanor
- Reckless Driving — Unclassified Misdemeanor
- Speed Violation: Imprudent Speed — Infraction
- Moved From Lane Unsafely — Infraction
- Traffic Device Violation: Red Light — Infraction
A night of drinking, speeding — and a fatal crash
Court documents and prosecutor statements paint a damning picture of the hours leading up to the crash.
Smith and his passenger, John Andali, 25, of Centereach, spent the late-night hours of Jan. 30 and early morning of Jan. 31 drinking and speeding across Suffolk County, prosecutors allege.
The underage Smith was captured on surveillance video drinking alcohol at James Joyce Pub in Patchogue. The pair then attempted to enter Jake’s 58 Casino Hotel, but were turned away because it had already closed for the night.
It was while Smith was driving from Patchogue to Jake’s 58 that data pulled from his truck revealed he reached speeds of up to 125 mph, prosecutors said. After leaving the casino, his truck’s speed hit 117 mph, prosecutors said, citing the vehicle’s tracking system.
Video recovered from Andali’s phone and his social media accounts showed Smith weaving erratically through traffic in the minutes before the crash — using turn lanes and shoulders to pass other cars, authorities said. Additionally, prosecutors said that investigators recovered a bottle of Bacardi rum, a shot glass, rolling papers, a vape, and a stun gun from inside Smith’s truck.
Running the red
Just after 6 a.m., Smith’s Chevrolet Silverado blew through a steady red light at the intersection of Alexander Avenue and Route 347 in St. James — slamming into Espinosa’s 2019 Alfa Romeo as the officer was commuting to work.
Espinosa was rushed to Stony Brook University Hospital, where she was pronounced dead; authorities said it took rescuers about 30 minutes to free her from the car following the crash. Smith and Andali were both treated at the same hospital for non-life-threatening injuries.
‘Broken hearts on both sides’
Smith was first arraigned on Feb. 6, wheeled into Suffolk’s First District Court in Central Islip in a wheelchair due to a leg injury sustained in the crash. His parents sat in the courtroom, as did Espinosa’s husband, Francisco Malaga — also a Nassau County police officer — and other members of Espinosa’s family.
Bail was set at $1 million.
Smith’s attorney pledged to handle the case “in a respectful, sensitive and dignified manner,” while asking the public to give the legal process room to breathe.
“This is a horrible tragedy that has affected our entire community,” attorney LaPinta said outside court. “There are broken hearts on both sides of the courtroom. There are two families that have been devastated and a 20-year-old man who’s facing very serious charges.”
‘The law enforcement family is a shared one’
Suffolk County District Attorney Raymond Tierney has said his office is committed to pursuing justice in the case “with the seriousness and integrity this case demands.”
“Our hearts are heavy as we mourn the tragic loss of Officer Espinosa,” Tierney said after Smith’s initial appearance. “Her death is felt deeply here. The law enforcement family is a shared one, and when we lose an officer, we all grieve together.”
Espinosa’s funeral in Smithtown drew a massive law enforcement presence from across Long Island and beyond. She is survived by her husband, their two-year-old daughter Mia, her two brothers — Christian and David Almeida, both police officers — and extended family.
Top: Matthew Smith (Suffolk County Sheriff’s Office) and Nassau County Police Officer Patricia Espinosa (Facebook).
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