Underage driver says he was sold alcohol hours before crash that killed Nassau officer
Matthew Smith, who was 20 at the time, said none of the establishments asked for identification before serving him alcohol.
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A man who pleaded guilty to causing the death of Nassau County police Officer Patricia Espinosa told prosecutors he was sold alcohol at five different businesses in the hours leading up to the crash, despite being underage.
Matthew Smith, who was 20 at the time, said none of the establishments asked for identification before serving him alcohol.
“How do the people that served that person who was underage, how are they sleeping now?” asked Marge Lee, who leads a nonprofit organization focused on preventing impaired driving.
Lee said the businesses that allegedly sold Smith alcohol should be held accountable.
“You contributed to a young woman’s death,” Lee said. “You sold a bottle of liquor, you sold a drink. What was the price that somebody paid for you to make a few bucks?”
Currently, none of the establishments are facing criminal charges.
Still, legal experts say the question of liability remains complex.
“In that kind of case, there’s never usually criminal liability,” said Stephen LaMagna, a criminal defense attorney and former prosecutor.
However, LaMagna pointed to recent cases where prosecutors have pursued charges against individuals who were not directly responsible for a crime.
“We have seen lately in school shootings where parents who, albeit did not have a knowing participation in the child’s act, have been held liable,” LaMagna said.
He said a similar argument could be applied in cases involving underage drinking and fatal crashes.
“If they knew that they would be criminally liable, God forbid a patron of theirs who is underage and is not carded goes out and kills somebody, that they, too, can be charged with involuntary manslaughter, I think they would think twice before not carding people,” LaMagna said.
News 12 asked Suffolk police if they're looking into any of these establishment's Smith says served him underage.
"The Suffolk County Police Department routinely works with the State Liquor Authority to ensure businesses are complying with state law," a department spokesperson wrote in a statement.
News 12 also reached out to the establishments for comment and is waiting to hear back.
