Nassau County Police Officer Patricia Espinosa Killed in Alleged DWI Crash: Attorney Howard Hershenhorn Issues Statement

A driver accused of causing a fatal drunk-driving crash that killed Nassau County Police Officer Patricia Espinosa has been indicted and arraigned on multiple felony charges in Suffolk County.

Matthew Smith, 20, of Hauppauge, was arraigned on March 13, 2026, on charges including aggravated vehicular homicide, vehicular manslaughter, aggravated vehicular assault, and driving while intoxicated in connection with the January crash. Prosecutors allege that Smith had a blood alcohol content of approximately .20, more than twice the legal limit—and ran a red light before crashing into Officer Espinosa’s vehicle.

Officer Espinosa, 42, was on her way to work at the Nassau County Police Department’s Fifth Precinct when the crash occurred. A devoted public servant, she had served with the department since 2017.

Howard Hershenhorn, partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf and attorney for Officer Espinosa’s family, issued the following statement in response to comments made by defense counsel suggesting the incident was a “tragedy for everyone.”

 

“This statement is issued in direct response to the comments made by Matthew Smith’s lawyer suggesting that this is a “tragedy for everyone” and that “two lives were ruined.” That characterization is profoundly wrong. This is not a tragedy because two lives were ruined. This is a tragedy because Officer Patricia Espinosa, a 42 year old police officer, devoted public servant, wife, and mother, was killed on her way to work by a 20 year old drunk driver who chose to treat our public roads like his personal racetrack, driving his pickup truck at speeds reported to be as high as 125 miles per hour while intoxicated. Patricia Espinosa is gone forever. Her life was taken from her. She leaves behind her two year old daughter and her husband, Francisco Malaga, who will wake up every single day for the rest of their lives without a mother and without a wife. A child will grow up without the love, guidance, and protection of the mother who should have been there for every milestone of her life. The defendant, by contrast, is alive. He is breathing. He will have the opportunity to speak, to defend himself, and to live the remainder of his life. The consequences he now faces are not a tragedy. They are the result of his own intentional actions and unlawful decisions. Let us be clear about what happened here. A police officer who dedicated her life to protecting the public was killed because someone made the conscious decision to drink, get behind the wheel of a truck, and drive at extraordinarily dangerous speeds. To equate that with the loss suffered by Officer Espinosa’s family diminishes the magnitude of what has been taken from them. The only tragedy in this case is the death of Officer Patricia Espinosa and the lifelong devastation inflicted upon her daughter, her husband, her brothers and sister and her fellow officers, and the community she served.”

Car Accident Cases involving drunk or reckless driving continue to cause devastating loss for families across New York.  These motor vehicle accidents often result in catastrophic injuries or wrongful death and can have lasting consequences for victims and their families.