Driver Arraigned In Crash That Killed Nassau Officer Had BAC Of 2X Legal Limit, Sped 125 MPH: DA

Driver Arraigned In Crash That Killed Nassau Officer Had BAC Of 2X Legal Limit, Sped 125 MPH: DA. Nassau County, Long Island

Updated Feb 6, 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, a 20-year-old Hauppauge man, was arraigned Friday in Suffolk County District Court on charges including driving while intoxicated in connection with the January 31 crash that killed off-duty Nassau County Police Officer Patricia Espinosa. According to prosecutors, Smith was driving a 2017 Chevrolet Silverado northbound on Alexander Avenue in Lake Grove at approximately 6:07 a.m. when he ran a steady red light at Route 347 and Alexander Avenue at high speed, striking Espinosa’s 2019 Alfa Romeo. The 42-year-old officer, a mother of a 2-year-old daughter and member of the Nassau County Police Department’s 5th Precinct, was the sole occupant of her vehicle.

Suffolk County Assistant District Attorney Emma Richards told the court that toxicology results showed Smith had a blood-alcohol concentration of 0.20 percent when tested 40 minutes after the crash—twice the legal limit for drivers over 21 and illegal for Smith, who at 20 is below the legal drinking age. Vehicle telemetry data revealed that roughly one second prior to impact, Smith was traveling 70 miles per hour in a 30-mile-per-hour speed zone with the gas pedal pressed at 99 percent and the brake off, prosecutors said. Earlier data from the vehicle’s infotainment system showed peak speeds of 125 miles per hour while traveling from Patchogue to Jake’s 58 Casino Hotel and 117 miles per hour on the return trip.

“Patricia Espinosa’s vehicle was found upside down at the scene of this horrific crash,” Richards said during the arraignment. “She was seen hanging upside down within that vehicle, and it took emergency responders over three minutes to extricate her. She was transported to Stony Brook University Hospital, where she was pronounced dead almost immediately upon arrival.” Smith’s passenger, John Andali, suffered a head injury when his head struck the passenger-side windshield and remained hospitalized at Stony Brook University Hospital with serious injuries including pelvic and spinal fractures. Smith sustained injuries to his right leg consistent with damage to the driver’s side of his truck.

Prosecutors outlined an extensive timeline supported by surveillance video, social media footage, vehicle data, and hospital toxicology results. According to their investigation, Andali had been at the James Joyce Bar and Restaurant in Patchogue with his girlfriend before going across the street to Lindo Mexico restaurant, where he met Smith. The two then discussed going to Jake’s 58 Casino Hotel. Video from the Patchogue area shows Smith drinking inside the James Joyce bar and additional surveillance video shows him getting into the driver’s seat of the Silverado and leaving at around 5:39 a.m., prosecutors said.

Surveillance footage from Jake’s 58 shows the Silverado entering the parking lot at around 5:47 a.m., with Smith exiting the driver’s seat. Additional video from inside the casino shows Smith and Andali inside the establishment, where prosecutors said Smith appeared unsteady and had difficulty balancing. The video then shows Smith getting back into the driver’s seat at around 5:49 a.m. and leaving the Jake’s 58 parking lot. Andali told detectives that during the drive, he observed Smith going through red lights and stop signs and described him as “driving crazy.” When they arrived at Jake’s 58, they were told it was closed, so they left with Andali again in the passenger seat while Smith drove.

Police recovered multiple videos posted to Andali’s Instagram account showing Andali in the passenger seat about a half hour before the crash, while the driver—believed by investigators to be Smith—drove erratically, speeding and weaving around stopped traffic on what prosecutors said appeared to be Patchogue-Holbrook Road in Holtsville. Multiple other videos recorded by Andali in the same time window show the truck weaving in and out of traffic at high speeds, using the HOV lane and turn lanes, and even driving on shoulders to pass vehicles, with at least one video showing Smith sitting in the driver’s seat, according to prosecutors. Andali had placed his Centereach home address into Smith’s phone for GPS navigation, which prosecutors believe was where Smith was headed when the crash occurred.

Suffolk County police observed signs of intoxication while interacting with Smith at the scene and on the way to the hospital, including slurred speech and bloodshot, watery eyes, prosecutors said. A witness reported to police that the occupants of the truck were intoxicated. Investigators recovered items from the vehicle including a bottle of Bacardi rum, a shot glass, rolling papers, a vape, and a stun gun.

Location & Road Context

The fatal collision occurred at the intersection of Route 347 and Alexander Avenue in the St. James-Lake Grove area of Suffolk County. This intersection connects Route 347, a major east-west arterial road that runs through central Long Island, with Alexander Avenue, which serves as a north-south connector between the Lake Grove and St. James communities. The crash site is located in a mixed commercial and residential area where morning commuter traffic typically begins building by 6 a.m.

The 30-mile-per-hour speed limit at the crash location reflects the intersection’s position in a developed area with businesses and residential neighborhoods nearby. The presence of traffic signals at this intersection indicates it handles significant vehicle volume, particularly during morning and evening rush hours when commuters travel between residential areas and major employment centers along Route 347.

Smith was arraigned Friday on charges including driving while intoxicated, a misdemeanor, though prosecutors said upgraded felony charges—including aggravated vehicular homicide—are expected as the case proceeds to the grand jury. The charges carry an 8 to 25-year prison sentence if convicted. Judge Eric Sachs suspended Smith’s driving privileges pending prosecution and set bail at $1 million cash, $2 million bond, or $10 million partially secured at 10 percent.

The arraignment marked Smith’s first in-court appearance since his arrest following the January 31 collision. Nassau County Police Benevolent Association President Tommy Shevlin attended the proceedings alongside Espinosa’s husband, Francisco Malaga, and her brother, who were visibly emotional following the arraignment. The prosecution’s case relies on what they described as extensive evidence including witness statements, surveillance video from multiple locations, vehicle telemetry data, social media footage, and toxicology analysis from the hospital.

Broader Impact

The case highlights the severe legal consequences facing drivers under 21 who operate vehicles while intoxicated, as Smith faces potential felony charges despite being below the legal drinking age. In New York, aggravated vehicular homicide charges can result in sentences of 8 to 25 years in prison, reflecting the state’s approach to drunk driving fatalities involving law enforcement officers and cases with particularly egregious circumstances such as extreme speeds and blood-alcohol levels significantly above the legal limit.

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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.

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.