Man pleads not guilty in DWI crash that killed off-duty Nassau officer

Man pleads not guilty in DWI crash that killed off-duty Nassau officer. Nassau County, Long Island

Updated Feb 6, 2026
CRITICAL INCIDENT
Town
Elmont
County
nassau County
Reported
Source
News Sources
📌Approximate area — Elmont centroid Open in Google Maps →

Map showing incident location at 40.7800, -73.3000 Incident location, Long Island

What Happened

Matthew Smith, 20, pleaded not guilty Friday to driving while intoxicated charges in connection with a fatal crash that killed off-duty Nassau County Police Officer Patricia Espinosa last Saturday morning, according to News 12 Long Island. The arraignment took place nearly a week after the collision that claimed the life of the 42-year-old officer near Smith Haven Mall in St. James.

Prosecutors say Smith was traveling northbound on Alexander Avenue at approximately 70 mph when he ran through a red light and collided with Officer Espinosa’s vehicle around 6 a.m. on January 31. Espinosa was driving westbound on Route 347 at the time of the impact, officials report. The high-speed collision proved fatal for the veteran officer, who had served with the Nassau County Police Department’s Fifth Precinct in Elmont since joining the force in 2017.

Smith’s arraignment was delayed until Friday while he received treatment for non-life-threatening injuries at Stony Brook University Hospital, according to court officials. During the proceedings, bail was set at $1 million for the 20-year-old defendant, who faces one count of driving while intoxicated. The severity of the charges reflects the fatal outcome of what prosecutors allege was Smith’s impaired driving at nearly twice the posted speed limit through a controlled intersection.

The tragic loss has devastated Officer Espinosa’s family and the law enforcement community throughout the week leading up to Smith’s court appearance. Espinosa leaves behind her husband, Francisco Malaga, who is also a Nassau County police officer, and their daughter Mia, who is not yet two years old. The young family had been looking forward to many years together before the fatal collision cut Espinosa’s life short.

Hundreds of mourners gathered Wednesday at St. James Funeral Home in Espinosa’s hometown to pay their respects during her wake, demonstrating the profound impact she had on her community. An even larger crowd showed their support Thursday, with a sea of blue filling St. Patrick’s Roman Catholic Church in Smithtown for the officer’s funeral service. Fellow police officers, family members, and community members remembered Espinosa for her infectious smile, dedication to community service, and family-first mindset that defined both her personal life and professional career.

The fatal crash occurred during the early morning hours when traffic is typically lighter on Long Island roadways, making Smith’s alleged high-speed run through the red light particularly reckless, according to the circumstances described by officials. The intersection of Alexander Avenue and Route 347 near Smith Haven Mall sees significant daily traffic volume, and the 6 a.m. timeframe suggests both drivers may have been commuting to work or other morning obligations when the collision occurred.

Location & Road Context

The fatal collision took place at the intersection of Alexander Avenue and Route 347 in St. James, near the popular Smith Haven Mall shopping complex. Route 347, also known as Nesconset Highway in this area, serves as a major east-west thoroughfare connecting multiple Long Island communities and handling substantial daily commuter traffic. Alexander Avenue runs north-south through the area, creating a busy intersection that requires careful navigation, particularly during peak travel times.

The proximity to Smith Haven Mall means this intersection experiences heavy pedestrian and vehicular traffic throughout the day, with morning hours typically seeing commuters heading to work at the mall’s retail establishments and nearby businesses. The area’s commercial development makes it a critical junction for local traffic flow, emphasizing the dangerous nature of running red lights at high speeds in such a populated location.

Smith faces one count of driving while intoxicated in connection with Officer Espinosa’s death, though additional charges could potentially be filed as the investigation continues. The $1 million bail amount reflects the severity of the allegations and the fatal outcome of the crash. Smith’s week-long hospitalization at Stony Brook University Hospital delayed legal proceedings, but his non-life-threatening injuries allowed for his eventual arraignment on the DWI charge.

The investigation into the fatal collision appears to have established Smith’s speed at 70 mph and his failure to stop for the red light at the intersection, providing prosecutors with clear evidence of the circumstances leading to Officer Espinosa’s death. Court officials have not indicated whether additional charges related to vehicular manslaughter or other enhanced penalties may be forthcoming as the legal process continues.

Broader Impact

This fatal DWI crash highlights the particular tragedy when impaired driving claims the life of a law enforcement officer, as Officer Espinosa dedicated her career to protecting the same community where she ultimately lost her life to an alleged drunk driver. Her death leaves the Nassau County Police Department’s Fifth Precinct without an experienced officer and creates a lasting impact on her young family, with her toddler daughter Mia now facing a future without her mother’s presence and guidance.

Topics

ElmontNassau CountyNassau County accidentElmont trafficElmont accidentserious accidentDWI crashLong Island accident todayLong Island traffic todayLong IslandNY

Frequently Asked Questions

What should I do if I'm in a car accident in Elmont?

Call 911 immediately if anyone is injured or if the vehicles can't be moved safely off the roadway. Stay at the scene — leaving the scene of an accident with injuries is a crime under New York Vehicle and Traffic Law §600. Exchange license, registration, and insurance information with every other driver involved. Take photographs of every vehicle, the position of the vehicles before they're moved, all license plates, the road surface, traffic signs, and any visible injuries. Get the names and phone numbers of every witness — police often won't capture bystander witnesses on their own. Seek medical attention within 24 hours even if you feel fine; soft-tissue injuries and concussions can take a day or two to present, and a delayed medical visit weakens an injury claim. NCPD generally responds to accidents on Nassau County roads outside of incorporated villages with their own police forces (e.g., Garden City, Freeport). For state highways (I-495 LIE, Northern State Parkway, Southern State Parkway, Meadowbrook Parkway, Wantagh Parkway), New York State Police Troop L responds.

How long do I have to file a no-fault claim in New York?

Thirty days. New York Insurance Law §5102 requires you to file a Personal Injury Protection (PIP/no-fault) application with the insurer of the vehicle you were in (or, if you were a pedestrian or cyclist, with the insurer of the striking vehicle) within 30 days of the accident. Missing the 30-day deadline can void your no-fault benefits — that's up to $50,000 in medical bills and 80% of lost wages (capped at $2,000/month) per injured person. The form is the NF-2 application; your insurance carrier provides it on request. New York no-fault is a true PIP system: it pays regardless of who caused the crash.

What counts as a "serious injury" under New York law?

Under Insurance Law §5102(d), a "serious injury" is one that meets at least one of these categories: (1) death; (2) dismemberment; (3) significant disfigurement; (4) a fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function, or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; or (9) a medically determined injury that prevents the injured person from performing substantially all daily activities for at least 90 of the first 180 days following the accident. Only injuries that meet one of these nine categories create the right to sue the at-fault driver for pain and suffering damages — short of that threshold, recovery is limited to no-fault PIP benefits. Disputes over whether an injury meets the threshold are the single most-litigated issue in NY motor-vehicle cases.

How long do I have to sue after a Long Island car accident?

Three years from the date of the accident for personal injury claims under CPLR §214(5). Wrongful death claims have a two-year deadline under EPTL §5-4.1. If a government entity is involved (a county vehicle, a road defect on a state highway, a defective traffic signal, a county bus), you must file a Notice of Claim within 90 days under General Municipal Law §50-e — that's a non-negotiable jurisdictional deadline, and missing it usually bars the claim entirely. Property-damage-only claims have the same three-year clock. The clock starts on the day of the accident, not the day you discover the full extent of an injury.

Can I still recover compensation if I was partly at fault?

Yes. New York is a pure comparative negligence state under CPLR §1411. Even if you were 90% at fault, you can still recover 10% of your damages. (A pending 2026 budget proposal would change this to a 51% bar — meaning a plaintiff who is more than 50% at fault would recover nothing — but that hasn't passed.) Insurance carriers routinely try to inflate the injured driver's percentage of fault to reduce payouts. The percentage assignment is decided by the jury at trial (or negotiated during settlement); it isn't fixed by the police accident report and isn't binding even when the report assigns fault. Reporting practice and the actual legal apportionment are separate questions.

Who can file a wrongful death claim in New York?

Under EPTL §5-4.1, only the personal representative (executor or administrator) of the deceased's estate can bring a wrongful death action — not the deceased's family directly. The estate is opened in Surrogate's Court of the county where the deceased lived. Damages flow to the spouse, children, parents, and other distributees defined under EPTL §4-1.1. Recoverable damages include loss of financial support, loss of parental guidance for surviving children, and conscious pre-death pain and suffering (recovered through a separate "survival action" under EPTL §11-3.2). New York is unusual in NOT allowing surviving family members to recover for their own emotional grief — only economic losses to the estate. The wrongful-death two-year statute of limitations is shorter than the three-year personal-injury statute, so the deadline is critical.

How do I get a copy of the police accident report?

If Nassau County Police Department (NCPD) responded to the scene, the report is filed under an MV-104A form. In New York State, you can request a copy through the DMV at https://dmv.ny.gov/vehicle-safety/get-copy-accident-report (roughly $7 online, $10 by mail) once the responding agency has uploaded it to the state system, which usually takes 5-10 business days. NCPD and SCPD also have their own direct-request processes through the precinct that responded. If you weren't injured but the property damage exceeded $1,000, New York VTL §605 requires you (the driver) to file your own MV-104 report with the DMV within 10 days regardless of whether police responded.

How dangerous is This Road near Elmont?

Long Island Traffic tracks every reported incident on this road across both counties — see the road profile page for the multi-year accident count, severity distribution, and the specific intersections that show repeated incident clusters. Suffolk and Nassau county roads with chronic problems are reviewed by their respective DOTs on a multi-year cadence; persistent issues are sometimes addressed with new signal phasing, lane-narrowing treatments, or — in extreme cases — a Vision Zero engineering response. Daily incident updates flow into our live-events feed every fifteen minutes.

Disclaimer: Incident information on this page is compiled from public sources including police reports, traffic agencies, and news outlets. It is provided for informational purposes only and may not reflect the most current status of this incident. Do not rely on this information for legal, insurance, or emergency decisions. For emergencies, call 911.