Driver Charged in DWI Crash That Killed Nassau County Police Officer

Attorney Howard Hershenhorn responds to defense counsel's comments on the arraignment of Matthew Smith

Mar. 13, 2026 at 10:24pm

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Following the arraignment of Matthew Smith on upgraded charges including aggravated vehicular homicide, vehicular manslaughter, and aggravated vehicular assault in connection with the fatal drunk-driving crash that killed Nassau County Police Officer Patricia Espinosa, Howard Hershenhorn, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, issued a statement responding to comments made by defense counsel suggesting the incident was a "tragedy for everyone."

Why it matters

This case highlights the devastating impact of drunk driving and the need for accountability when bars and establishments serve alcohol to underage individuals, leading to deadly consequences for innocent victims like Officer Espinosa.

The details

Matthew Smith, a 20-year-old driver, was charged with aggravated vehicular homicide, vehicular manslaughter, and aggravated vehicular assault for the crash that killed Officer Espinosa. Smith was allegedly driving his pickup truck at speeds up to 125 mph while intoxicated, leading to the fatal collision.

  • The fatal crash occurred on March 13, 2026.

The players

Matthew Smith

A 20-year-old driver charged with aggravated vehicular homicide, vehicular manslaughter, and aggravated vehicular assault for the crash that killed Officer Espinosa.

Patricia Espinosa

A 42-year-old Nassau County Police Officer who was killed in the drunk-driving crash while on her way to work.

Howard Hershenhorn

A partner at the law firm Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, who issued a statement responding to the defense counsel's comments.

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What they’re saying

“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.”

— Howard Hershenhorn, Partner, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

“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.”

— Howard Hershenhorn, Partner, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

What’s next

The judge will decide on Matthew Smith's bail at a hearing on March 20, 2026.

The takeaway

This tragic case underscores the devastating impact of drunk driving and the need for greater accountability, both for underage individuals who choose to drive intoxicated and for establishments that serve alcohol to minors, contributing to these preventable deaths.