Family of hero police officer, 42, ‘killed by drunk driver’ won’t receive pension over cruel 35 minute rule

THE family of a hero cop killed by an alleged drunk driver is being blocked from receiving her pension over a brutal 35-minute gap.

Instead, loved ones of the 42-year-old officer have had to rely on public donations after officials said she was technically off the clock when she died.

On Long Island, hundreds of pizzerias have now united to help the family of Nassau County police Officer Patricia Espinosa after the heartbreaking loss.

Their one-day effort raised nearly $200,000 for Espinosa’s husband and young daughter.

The tragedy unfolded on Saturday, January 31, when authorities said 20-year-old Matthew Smith blew through a red light near Smith Haven Mall in Suffolk County.

Cops said Smith crashed his Chevy Silverado into Espinosa’s 2019 Alfa Romeo as she drove to work, the New York Post reported.

Espinosa had just left her Smithtown home when she was killed.

Her husband, fellow Nassau County police Officer Francisco Malaga, was among the first to respond to the wreck.

At the time, he did not know his wife was involved in the crash.

Nassau Police Commissioner Patrick Ryder said the family cannot collect her police pension because she had not yet clocked in.

“Thirty-five minutes later, she’s at work and will get a line-of-duty pension,” Ryder said.

That devastating rule has left the family without those benefits despite Espinosa being on her way to the job.

In response, LI Pizza Strong stepped in to raise money for her family.

The coalition donated $5 from every pie sold on February 25 to help Espinosa’s loved ones.

Alyssa Guidice, a founder of LI Pizza Strong, told The Post, “This fundraiser has been one of the simplest to participate in.”

“Yet the impact has been nothing short of incredible.”

The effort was also spearheaded by Anthony Laurino, owner of Phil’s Pizza in Syosset, and Rescue Me executive producer-turned-bread maker Jim Serpico.

A total of 311 stores took part and sold 33,233 pies during the massive fundraiser.

“It was nonstop all day,” Laurino said.

“Everybody said they were there to support the cause. People even came in the days after trying to give.”

Malaga was presented with a check for $188,000 at Nassau PBA headquarters on Friday morning.

The money will go toward a college fund for the couple’s 2-year-old daughter, Mia.

Another GoFundMe launched around the time of Espinosa’s death had also raised close to $314,000.

Ryder said, “The money that’s been raised from across the spectrum and all different fundraisers has been phenomenal. It shows the goodness of society.”

Espinosa moved to the US from Ecuador at 21 and learned to speak English.

She was known in the department for helping with philanthropic efforts, including prom-dress drives.

Ryder said she was also the kind of officer who could handle dangerous calls, including incidents involving knife-wielding suspects in the Fifth Precinct around Elmont.

“She was … an up-and-coming star on this job,” Ryder said.

“The way she treated people and her communities made her loved by all of the men and women that worked with her.”

Smith has been charged with aggravated vehicular homicide, vehicular manslaughter, driving while intoxicated and aggravated vehicular assault.

He is awaiting trial.