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Man accused in DWI crash that killed Nassau officer pleads not guilty to upgraded charges

New information at Matthew Smith's arraignment Friday reveal more details about his actions the night of the crash.

Jonathan Gordon

and

Cecilia Dowd

Mar 13, 2026, 5:10 PM

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The Hauppauge man accused of driving drunk and recklessly killing an off-duty Nassau County police officer earlier this year, pleaded not guilty to upgraded charges Friday

Matthew Smith, 20, is now facing a dozen new charges, including aggravated vehicular homicide, vehicular manslaughter and aggravated vehicular assault.

Prosecutors say that before driving drunk and killing Nassau Police Officer Patricia Espinosa, Matthew Smith was warned by bar patrons not to drive.

"Not only did he disregard that, but he dangled the keys in everyone's faces," said Suffolk District Attorney Ray Tierney.

On Feb. 6, he pleaded not guilty to one count of driving while intoxicated, but the judge ordered that he be held on $1 million bail in anticipation of a grand jury indicting Smith on much higher charges.

According to prosecutors, Smith had a B.A.C. of .2, more than twice the legal limit and never braked when he ran a red light and crashed into Officer Patricia Espinosa's, 42, car as she drove from her home in St. James to the Nassau County police's Fifth Precinct in Elmont, where she had worked since 2017.

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The fatal crash happened at the intersection of Alexander Avenue and Route 347 near the Smith Haven Mall around 6 a.m.

Prosecutors said Smith was going 70 mph at the moment of impact.

Smith had been drinking in downtown Patchogue just hours before the crash when he and a friend got into Smith's car and drove to Jake's 58 in Islandia, according to prosecutors. Smith and the passenger were turned away from the casino because it was closed overnight, then the pair got back into Smith's car and began driving towards the passenger's home, leading up to the fatal crash.

Data from Smith's car, as well as video taken from that night, showed Smith recklessly driving, weaving in and out of traffic and hitting a top speed of 125 mph before the crash, according to court documents.

Espinosa's husband, fellow Nassau County police officer Francisco Malaga, was among the first on the crash scene. She also leaves behind their 2-year-old daughter, Mia.

The week between Espinosa's death and Smith's initial court appearance marked a somber time on Long Island as hundreds of police officers joined family and friends in paying their respects for the fallen officer at her wake and funeral before officers packed the courtroom demanding justice.

Smith is facing eight and a third to 25 years in prison if convicted of the new top charge, prosecutors said.

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