Matthew Smith pleads not guilty to new charges in crash that killed Nassau Police Officer Patricia Espinosa

Patrons of a Patchogue pub urged Matthew Smith of Hauppauge, accused of killing a Nassau police officer in a Jan. 31 drunken-driving crash, not to get behind the wheel because he was visibly intoxicated after spending hours drinking at bars, a Suffolk prosecutor said in Riverhead on Friday.

Instead, Smith, 20, mocked the patrons at the James Joyce by dangling his keys in front of them, Assistant District Attorney Emma Richards told state Supreme Court Justice Timothy P. Mazzei during an arraignment in Suffolk County Criminal Court.

Smith then climbed into his 2017 Chevrolet Silverado and drove across Suffolk County in a dangerously reckless manner, Richards said. He blew past stop signs and red lights, weaved in and out of traffic, and drove as fast as 125 mph before crashing into an Alfa Romeo SUV driven by Nassau Police Officer Patricia Espinosa, the mother of a 2-year-old girl. Espinosa was on her way to work.

“There is clear evidence of a persistent attitude on the part of this defendant that he was going to engage in reckless, wanton conduct despite being warned of the consequences,” Suffolk District Attorney Ray Tierney said at a news conference following Smith’s arraignment.

Smith, dressed in a dark green Suffolk jail uniform and seated in the wheelchair he needs as a result of the injuries sustained in the crash, pleaded not guilty to upgraded charges, including aggravated vehicular homicide and aggravated vehicular assault, detailed in a 19-count indictment. The aggravated vehicular homicide charge carries a maximum sentence of 8⅓ to 25 years in prison under New York State law.

Mazzei ordered Smith to be detained without bail. Smith’s next court date is scheduled for April 20.

“This is obviously a very difficult and emotional case,” said Smith’s attorney, Anthony LaPinta of Hauppauge. “We will provide Matthew with the zealous defense he is entitled to, and we will do it with respect and dignity.”

Espinosa’s husband, Nassau Police Officer Francisco Malaga, and her siblings attended Friday’s hearing, joined by about two dozen Nassau Police Benevolent Association members and other law-enforcement supporters. Espinosa's family members declined to comment on the case.

“This was not an accident,” PBA president Tommy Shevlin angrily told reporters after the arraignment. “This was total disregard for human life, for our families, kids, children. Everybody who was out there on the road could have been hurt or killed.”

Smith’s blood-alcohol content was 0.20%  40 minutes after the crash, according to Richards. The legal limit in New York is 0.08%. He had previously been arrested for a domestic incident involving his father, Richards  said, and had received numerous traffic citations for speeding and other reckless driving. Smith’s parents attended Friday’s hearing but did not speak to the media.

Richards said Smith appeared unsteady and intoxicated in numerous videos obtained by investigators, including video recorded by his passenger, John Andali, just before the crash.

According to prosecutors, Smith and Andali had driven from Patchogue to Jake's 58 Casino Hotel on the morning of Jan. 31, only to find the casino closed. Smith was driving Andali home when the crash occurred.

Smith was speeding northbound on Alexander Avenue in St. James when he drove through a red light and crashed into Espinosa’s SUV. Her husband stopped at the crash scene on his way to work and learned that his wife had been involved in the crash.

Espinosa was transported to Stony Brook University Hospital, where she was pronounced dead. Andali was also transported to Stony Brook, where he was treated for serious injuries, including pelvic and spinal fractures and a severe head laceration.

Espinosa’s car overturned. She  was found hanging upside down by her seat belt. It took paramedics 30 minutes to free her, Richards said.

After police searched the pickup, they found a bottle of Bacardi rum, a shot glass, rolling papers, a vape and a stun gun, Richards told the judge. When police arrived, they found Smith with slurred speech and bloodshot eyes.

Shevlin said Smith needs to be held accountable for his actions and described Espinosa as “an unbelievable human being.”

“She was a hero for serving and protecting and caring about others,” Shevlin said. “This is a tragic loss, a loss that we will never forget.”