Driver indicted on additional charges in crash that killed Nassau cop

Driver indicted on additional charges in crash that killed Nassau cop. Nassau County, Long Island

Updated Mar 11, 2026
CRITICAL INCIDENT
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nassau County
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Map showing incident location at 40.7800, -73.3000 Incident location, Long Island

What Happened

Matthew Smith of Hauppauge was indicted on Friday, March 13, on elevated charges including aggravated vehicular homicide in connection with the alleged DWI crash that killed Nassau County Police Officer Patricia Espinosa on January 31, according to Suffolk County Criminal Court records. The 20-year-old driver now faces 19 charges total stemming from the fatal collision that occurred in the early morning hours as Espinosa was traveling to work at the Nassau Police Department’s 5th Precinct.

Suffolk police reported that Smith was driving a 2017 Chevrolet Silverado northbound on Alexander Avenue after leaving Jakes 58 Casino Hotel when he ran a red light and struck a 2019 Alfa Romeo heading westbound on Route 347 shortly after 6 a.m. on January 31. The impact killed Officer Espinosa, who was transported 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.

A prosecutor at a previous arraignment revealed that Smith’s blood alcohol level was above 0.18%, more than double the legal limit of 0.08%, according to court records. Smith was initially arrested on January 31 and charged with drunk driving and running a red light before the indictment brought additional serious felony charges. The most severe charge, aggravated vehicular homicide, carries a maximum sentence of 25 years in prison.

The comprehensive indictment includes vehicular manslaughter charges in the first and second degrees and an additional manslaughter charge that 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. He now faces upwards of 8⅓ to 25 years in prison if convicted on all charges.

Suffolk County District Attorney Raymond Tierney emphasized the severity of the case in a statement following the indictment. “This indictment reflects the devastating consequences of reckless and unlawful behavior behind the wheel,” Tierney said. “A police officer who dedicated her life to protecting this community was simply on her way to work when her life was tragically taken. 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.”

Officer Espinosa left behind a 2-year-old daughter named Mia and her husband, Francisco Malaga, who is also a police officer, according to Nassau County Police Benevolent Association President Tommy Shevlin. Her two brothers, Christian and David Almeida, are also police officers. The tragic loss has deeply impacted the law enforcement community across Nassau County. Efforts to reach Smith’s defense attorney, Anthony Lapinta, were unsuccessful at the time of the indictment announcement.

Location & Road Context

The fatal collision occurred at the intersection of Alexander Avenue and Route 347, a major east-west thoroughfare that runs through Suffolk County. Route 347, also known as Nesconset Highway in this area, serves as a critical connector road linking multiple Long Island communities and carries heavy commuter traffic during morning hours. The intersection where the crash occurred is controlled by traffic signals, and the collision happened as Smith was traveling northbound on Alexander Avenue after leaving the nearby Jakes 58 Casino Hotel.

This section of Route 347 experiences significant morning rush hour traffic as commuters head to work, making the timing of the crash particularly dangerous for other motorists in the area. The proximity to the casino establishment adds context to Smith’s alleged drinking and driving pattern leading up to the fatal collision.

Investigation & Legal Proceedings

Smith is scheduled to appear in Suffolk County Criminal Court in Riverhead again on April 20 for his next court appearance. The case has been elevated from the initial misdemeanor charges filed immediately after the crash to serious felony charges that could result in decades of imprisonment. The March 13 indictment represents a significant escalation in the prosecution’s approach to the case, with District Attorney Tierney’s office indicating they will aggressively pursue the maximum penalties available under New York State law.

The multiple charges filed against Smith reflect the severity of his alleged actions and the tragic consequences. The aggravated vehicular homicide charge is reserved for the most serious cases involving impaired driving fatalities, particularly when the driver’s blood alcohol content significantly exceeds legal limits or when law enforcement officers are killed. The comprehensive nature of the 19-charge indictment suggests prosecutors are building a case designed to ensure substantial prison time regardless of which specific charges result in convictions.

Broader Impact

The death of Officer Espinosa represents a devastating loss to Nassau County’s law enforcement community, particularly given her family’s deep ties to police work with her husband and both brothers serving as officers. Under New York State law, aggravated vehicular homicide charges specifically address cases where impaired drivers kill police officers or other first responders, reflecting the legislature’s recognition of the heightened severity when those who serve the public are killed by reckless driving behavior.

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Frequently Asked Questions

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

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.

Questions about a specific incident? See our Know Your Rights guides for in-depth answers, or the contact page to get in touch.

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.