Matthew Smith pleads guilty in drunken-driving crash that killed Nassau Police Officer Patricia Espinosa

The drunken driver who fatally struck Nassau Police Officer Patricia Espinosa as she drove to work pleaded guilty to aggravated vehicular homicide and other charges in Suffolk County Criminal Court Thursday.

Matthew Smith, 21, of Hauppauge, will be sentenced to 7⅓ to 22 years in state prison under a plea agreement, his attorney and prosecutors said. He had been facing a maximum sentence of 8⅓ to 25 years behind bars if convicted of the top charge at trial.

"[Smith] demonstrated a history of operating a motor vehicle in an extremely reckless and dangerous manner and he did just that in January," Suffolk County District Attorney Ray Tierney said. "Not only did he do that but he consumed enough alcohol to render him highly intoxicated. Those reckless, criminal and stupid actions led to the death of [Espinosa] and injured a [passenger in Smith's vehicle]."

Espinosa was killed on Jan. 31 when Smith, who prosecutors said was intoxicated, speeding and driving erratically, allegedly ran a red light and crashed his 2017 Chevrolet Silverado pickup into Espinosa's 2019 Alfa Romeo at 6 a.m. on Route 347 at Alexander Road in Lake Grove, authorities have said. Smith was 20 years old at the time.

The crash focused fresh attention on the serious problem of underage drinking and driving in New York. He turned 21 at the county jail on April 12.

As part of his plea agreement, Smith admitted purchasing alcohol at multiple Suffolk businesses without being asked to provide proof of age at any point. He did not have fake identification, he said in court.

The first purchase was a bottle of Bacardi rum he admitted buying at Aqua Vitae Wines and Liquors in Hauppauge, which he consumed in the presence of an adult at a house in Miller Place the night before the crash. He later purchased additional drinks at Buffalo Wild Wings in Miller Place, Felt in Hauppauge, and James Joyce and  Lindo Mexico in Patchogue, he admitted under oath. At James Joyce, he said he was able to enter a back door without having to present identification to a bouncer.

In addition to the rum, Smith admitted before State Supreme Court Justice Timothy Mazzei that he consumed multiple cocktails that included whiskey and peach schnapps, among other ingredients.

Smith said he was driving more than 70 mph in a 30 mph zone at the time of the crash. 

Smith’s blood alcohol content was 0.20% — more than twice the legal limit of 0.08% in New York — when it was taken 40 minutes after the crash, prosecutors have said.

Smith, who broke his leg in the crash, will remain in custody at the Suffolk County jail as he awaits sentencing by Mazzei on July 20.

'Doing the right thing'

In addition to the top charge, Smith pleaded guilty to manslaughter, aggravated vehicular assault, assault and aggravated driving while intoxicated.

"Today is about doing the right thing for the Espinosa family," said defense attorney Anthony La Pinta, who addressed reporters with Smith's parents, Kevin and Linda, at his side. "Actions speak louder than words. I'm hoping that today's actions make loud and clear to everyone that Matthew has taken prompt, quick, total responsibility for his reckless actions."

La Pinta said the plea will prevent Espinosa's family from having to repeatedly return to court, something Nassau County Police Benevolent Association president Thomas Shevlin said pleased her family and colleagues.

"Are we happy? No," Shevlin said. "We're happy that we don't have to go through a trial and listen to the recklessness, the total disregard for human life."

Espinosa, 42, a nine-year veteran, was on her way to work in Nassau's Fifth Precinct. Her husband, Francisco Malaga, also a Nassau police officer, came upon the crash and stopped to help, only to find his wife was involved.

Espinosa was the mother of a 2-year-old, Mia.

Malaga and other family members sobbed in the courtroom as Smith admitted his guilt. They declined to speak with reporters afterward.

Tierney called Espinosa an accomplished officer and "a great person." Shevlin, who thanked prosecutors for keeping Espinosa's family informed on the plea negotiations, said the officer was "our hero," someone who will be "missed forever by her colleagues."

"Patty is gone forever," the union president said, "This family will never be able to move on the same way everybody else will. Their lives are shattered. Their hearts are ripped out."

Previous driving citations

The force of the crash overturned Espinosa’s car and she was found hanging upside down by her seat belt, prosecutors have said. Responding paramedics took 30 minutes to free her and take her to Stony Brook University Hospital, where she was pronounced dead, according to prosecutors.

Smith’s passenger, John Andali, suffered spinal and pelvic fractures in the crash. Andali told detectives he and Smith were drinking early that morning at the James Joyce pub before they went across the street to Lindo Mexico, prosecutors said.

Smith then drove to Jake's 58 casino, with Andali describing Smith as "driving crazy" and running several red lights, court papers said.

About a half-hour before the crash, Andali posted a video to his Instagram page that showed Smith "driving erratically, speeding and weaving around traffic stopped at a red light" on what was believed to be Patchogue Road in Holtsville, prosecutors said.

Additional videos showed Smith driving between 5:40 and 5:47 a.m., weaving through traffic and speeding past other vehicles, prosecutors said.

The infotainment system of Smith's pickup truck showed Smith was driving at a top speed of 125 mph between Patchogue and Jake’s 58, according to prosecutors.

Smith was driving 117 mph after leaving Jake’s 58, prosecutors said. When police searched the pickup, they allegedly found a bottle of Bacardi rum, a shot glass, rolling papers, a vape and a stun gun.

After police arrived at the scene of the crash, Smith had slurred speech and bloodshot eyes, prosecutors said.

A search warrant served on Smith’s truck showed he was accelerating through the red light and was tracking at 70 mph a second before crashing into Espinosa's car, according to prosecutors.

Suffolk police had cited Smith multiple times for speeding, driving in the high-occupancy vehicle lane and other violations, including tinted windows and driving without a muffler, prosecutors said.