Matthew Smith sentenced to up to 22 years in prison for drunken-driving crash that killed Nassau County Police Officer Patricia Espinosa

Nassau County Police Officer Francisco Malaga was on his way to work early Jan. 31 when he drove up to the drunken-driving crash that claimed the life of his wife, he recalled for a Suffolk judge at the sentencing Monday of the man who admitted killing her.

Malaga said he initially stopped to help at the Lake Grove crash site because he believed it to be his duty as an officer of the law, the same profession held by his late wife, Patricia Espinosa.

"I thought I was responding to help someone I never met. Instead I found my wife,” Malaga told State Supreme Court Justice Timothy Mazzei. "I watched the love of my life slip away. That image will stick with me for the rest of my life."

Mazzei sentenced drunken-driver Matthew Smith, now 21, of Hauppauge, to 7⅓ to 22 years in state prison as part of an agreement. Smith had pleaded guilty last month to aggravated vehicular homicide and other charges in the early-morning crash.

Espinosa, 42, a nine-year veteran, was on her way to work in Nassau's Fifth Precinct at the time her vehicle was struck by Smith's.

Malaga said he met Espinosa on the job, and they shared a common goal of giving their 2-year-old daughter Mia, who attended Smith’s sentencing Monday, “the best life possible.”

"That dream was stolen from us on January 31," Malaga said.

Espinosa’s brother David Almeida said their family moved to the United States from Ecuador two decades ago with “the belief that if we worked hard, we could build better lives.” He joined the Philadelphia Police Department while Espinosa and their brother Cristian Almeida became officers in Nassau.

“We were on our way to accomplishing … everything we worked hard for,” Almeida told the court.

Their sister Cathalina Ramirez told Smith she cannot forgive him.

“Maybe one day God will forgive you, but today I cannot,” Ramirez said. “The pain you have caused is too deep.”

Espinosa’s parents, Nancy and Patricio Almeida, said in a letter read by their son Cristian Almeida that they never imagined they would lose her due to the reckless decisions made by someone driving under the influence.

Cristian Almeida said he’s not sure Smith fully understands the severity of what he’s done. David Almeida told Smith he hopes he makes better decisions when he is released from prison and given a second chance to lead a responsible life.

Espinosa was killed when Smith, speeding and driving erratically with a passenger in his car, ran a red light and crashed his 2017 Chevrolet Silverado pickup into her 2019 Alfa Romeo at 6 a.m. on Route 347 at Alexander Road. Smith was 20 years old at the time.

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

As part of his June 11 plea agreement, Smith admitted buying 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 Mazzei that he consumed multiple cocktails that included whiskey and peach schnapps, among other ingredients.

Attorney Howard Hershenhorn, of Manhattan, who is representing Espinosa’s family in a civil action filed July 8 in State Supreme Court in Nassau, said the individuals who served alcohol to Smith also must be held accountable. The complaint names the businesses and the Miller Place homeowners as co-defendants with Smith.

“They violated multiple provisions of the law by selling alcohol, in the case of the liquor store, and serving alcohol, in the case of everyone else, to someone who was a minor,” Hershenhorn said.

Smith's defense attorney, Anthony La Pinta, of Hauppauge, said his client identified the various places he obtained alcohol, naming them while entering his guilty plea, to assist the Espinosa family in their civil case.

Smith also admitted during the plea that he was driving more than 70 mph in a 30 mph zone at the time of the crash.

Smith asked to turn and face Espinosa’s family as he apologized Monday in a courtroom also filled with dozens of Espinosa’s colleagues in the Nassau County Police Department.

Smith told Espinosa's family he will think about them for years to come.

"I mean this with all my heart," Smith said. "I am truly sorry."

La Pinta told the court Smith did not make excuses for his actions and knows the crash was "entirely preventable."

"He accepts full responsibility for the catastrophic result of his choices," La Pinta said.

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 said.

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

Nassau County Police Benevolent Association president Thomas Shevlin called the crash heartbreaking and avoidable.

"I hope that this opens eyes to all of our drivers out there," Shevlin said.

Suffolk County Assistant District Attorney Emma Henry told Mazzei at sentencing that Smith made conscious decisions that night when he ignored pleas from others to not drive drunk and as a result devastated a family.

"This crash had multiple victims because one person believed he could drink, drive and disregard every rule," Henry said.

Smith’s passenger, John Andali, suffered spinal and pelvic fractures in the crash. Andali told detectives he and Smith, who broke his leg in the crash, 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 a.m. 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.

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.

Smith had faced a maximum sentence of 8⅓ to 25 years behind bars if convicted of the top charge at trial.

Mazzei said he’s struggled to understand Smith’s decisions the day of the crash.

"What were you thinking?" he asked Smith before pronouncing sentence. "I just don’t get it."