The Hauppauge man who drove drunk and killed off-duty Nassau County Police Officer Patricia Espinosa was sentenced today.
Matthew Smith, 21, will spend 7 1/3 to 22 years in state prison.
For the first time in the case, Espinosa's husband, and fellow Nassau County Police Officer Francisco Malaga, spoke when he gave a victim impact statement.
Through tears, he recalled the moment he responded to the crash and discovered the victim was his wife.
"Patricia was much more than the victim; she was an incredible woman, supportive wife...and a dedicated police officer," he said. "I couldn't save her, I couldn't change what happened. I watched the love of my life slip away."
Malaga added, "Our family has received a life sentence. No sentence this court imposes can bring Patricia back. Nothing can restore what was taken from our family, but accountability matters. Not out of revenge, because Patricia wasn't a vengeful person, but because her life mattered."
Her brother David Almeida, a Philadelphia cop, also spoke and turned to Smith and said, "You have been given opportunities that my sister will never have again. I pray that God has mercy on your soul."
Espinosa's other brother, Cristian Almeida, said he was unable to forgive Smith.
"We live it every single day," he said.
Last month, Smith reached a plea deal to avoid the maximum sentence of 8 1/3 to 25 years, had he been found guilty at trial.
In the courtroom, Smith's father sat stoic during the victim impact statements as his mother dabbed her eyes with a tissue as she cried.
Smith spoke for the first time, saying, "I am truly sorry for my actions. I will continue to think about my actions with deep regret. I will continue to think about you for years to come. I hope you find it in your hearts to forgive me for all I have done."
His attorney, Anthony La Pinta, said, "There are no words that can restore what was lost on that early morning. I do know, however, that Matthew does not offer any excuses for his actions; he fully understands that his decision to drink and drive was preventable. He accepts full responsibility."
In June, Smith pleaded guilty to aggravated vehicular homicide, vehicular manslaughter, manslaughter, aggravated vehicular assault, assault, aggravated driving while intoxicated, reckless endangerment, reckless driving and multiple traffic violations.
According to prosecutors, on Jan. 31, Smith had been drinking for hours when he and a passenger got into Smith's car in downtown Patchogue, drove to Jake's 58 Casino Hotel in Islandia, where they were turned away and continued towards the passenger's home.
Just after 6 a.m., police said Smith was driving 70 mph in a 30-mile-per-hour zone when he blew a red light at the intersection of Alexander Avenue and Route 347 in St. James and struck Espinosa's car.
Officer Espinosa was on her way to work from her home to the Nassau County Police Department's Fifth Precinct, where she had worked since 2017.
According to investigators, Smith, who was 20 at the time, had a .20 BAC, more than twice the legal limit.
During his last court appearance in June, where he pleaded guilty, Smith admitted that he had been drinking for hours before the crash, both at a friend's house in Miller Place and several bars and restaurants across Suffolk County.
Smith told the judge that he first purchased a bottle of Bacardi at Aqua Vitae Wines and Liquors in Hauppauge, where he drank at a home in Miller Place in the presence of an adult, before buying additional drinks at Buffalo Wild Wings in Miller Place, Felt in Hauppauge, as well as James Joyce and Lindo Mexico in Patchogue.
He said he was able to purchase and consume alcohol underage without ever being asked to provide ID or proof of his age.
Video released by prosecutors earlier this year included social media video from earlier in the night, where Smith is seen driving over 125 mph while weaving in and out of traffic, driving recklessly and aggressively.
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