Matthew Smith, charged in crash that killed officer Patricia Espinosa, had more than twice legal blood alcohol content, DA says

Suffolk prosecutors said an accused drunken driver was driving at more twice the legal blood alcohol content and was going 70 mph before he ran a red light and crashed into another car, fatally striking  Nassau County Police Officer Patricia Espinosa.

Matthew Smith, 20, of Hauppauge, appeared in court in a wheelchair, with a broken leg sustained in Saturday's early morning crash.

He pleaded not guilty to charges of driving while intoxicated. Prosecutors said his blood alcohol concentration was 0.20%, more than twice the legal limit of 0.08%.

His parents sat in court during the brief hearing Friday, filled with dozens of police officers They were joined by Espinosa's husband and brothers, who sobbed during the hearing.

Bail was set at $1 million cash bail or $2 million bond.

Smith’s parents stood with his attorney, Anthony La Pinta, after the hearing and called Espinosa’s loss "a deep wound to the entire community."

"There will come a time to address these allegations and circumstances in more detail. Now is not that time. This is a horrible tragedy that has affected our entire community. There are broken hearts on both sides of the courtroom," La Pinta said. "There have been two families that have been devastated and a 20-year-old man is facing very serious charges."

Prosecutors said in court that the crash was set off after a night of drinking and reckless driving, with Smith recorded driving as fast as 125 mph.

Smith is accused of running a red light and crashing his 2017 Chevrolet Silverado pickup into Espinosa's 2019 Alfa Romeo at 6 a.m. on Route 347 at Alexander Road in Lake Grove.

Espinosa, 42, a nine-year veteran, was on her way to work in Nassau's Fifth Precinct. Her husband, Francisco Malaga, also a Nassau police officer, came upon the crash and stopped to help, only to discover his wife was involved.

The couple were parents to a 2-year-old daughter, Mia.

Prosecutors said the crash overturned Espinosa’s car and that she was found hanging upside down by her seat belt. It took paramedics 30 minutes to free her and take her to Stony Brook University Hospital, where she was pronounced dead, according to a district attorney’s bail application.

When police arrived, they found Smith with slurred speech and bloodshot eyes, prosecutors said.

Witnesses described seeing an intoxicated Smith and his passenger outside the pickup, according to the bail application.

Smith’s passenger, John Andali, suffered spinal and pelvic fractures. He is said to have told detectives they were drinking early Saturday at the James Joyce Bar in Patchogue. They then went across the street to another bar and restaurant, Lindo Mexico, and planned to go to Jake's 58. Smith drove to Jake's 58, with Andali describing Smith as "driving crazy" and running several red lights, court papers show.

When they got to Jake's 58, it was closed and Smith began driving Andali home, which is where prosecutors believe he was headed at the time of the crash.

A search warrant served on Smith’s truck showed he was accelerating through the red light before crashing into Espinosa's car.

"Roughly one second prior to the impact, the defendant reached a top speed of 70 mph. This is in a 30 mph speed zone," Suffolk Assistant District Attorney Emma Richards said in court. "During that same period of time, the service brake was off and, in the seconds leading up to the impact, the accelerator pedal was deployed at 99% full."

Surveillance video showed Smith leaving the bar at about 5:30 a.m. and stumbling through Jake’s 58 before he left the casino as 5:49 a.m.

Prosecutors said Andali posted a video to his Instagram page, about a half hour before the crash, showing Smith "driving erratically, speeding and weaving around traffic stopped at a red light," on what was believed to be Patchogue Road in Holtsville.

Other videos show Smith driving between 5:40 and 5:47 a.m. Saturday, weaving through traffic and speeding past vehicles in the HOV and turning lanes, prosecutors said.

The pickup’s infotainment system also showed Smith was driving at a top speed of 125 mph between Patchogue and Jake’s 58.

Prosecutors said he was driving 117 mph after leaving Jake’s 58. After police searched the pickup, they found a bottle of Bacardi rum, a shot glass, rolling papers, a vape and a stun gun.

Police and officials filled the courtroom Friday, including Espinosa's husband and her brothers, Nassau Police Officer Cristian Almeida and Philadelphia Police Officer David Almeida.

They were joined by other officers, Suffolk County Police Commissioner Kevin Catalina and Nassau PBA president Tommy Shevlin.

"We are all heartbroken, and we wish that today was a nightmare and that we will be woken up and this isn't true," Shevlin said. "Unfortunately, that's not reality. Today is devastating, and what we just witnessed in the arraignment, this isn't just one bad decision."

Prosecutors said Smith's Instagram page showed several videos of Smith at drifting events and recklessly driving in an Infinity, doing doughnuts and spinning while speeding on different roads. Prosecutors said one video showed the odometer at 114 mph before Smith flipped the camera to show his face.

Prosecutors said Smith was cited multiple times by Suffolk police for speeding, driving in the HOV lane and other vehicle violations, including tinted windows and driving without a muffler.

Espinosa's husband and brothers sobbed in court as the prosecution read the allegations and after court when speaking to the media.

Prosecutors said they plan to pursue aggravated charges of vehicular homicide, which carries an 8 to 25 years in prison upon conviction.