Hempstead Man Pleads Guilty to Fatal DWI Crash, Multiple Burglaries, Other Crimes

Hempstead Man Pleads Guilty to Fatal DWI Crash, Multiple Burglaries, Other Crimes. Long Island, NY

Updated Mar 18, 2026
CRITICAL INCIDENT
Town
Hempstead
Reported
Source
News Sources
📌Approximate area — Hempstead centroid Open in Google Maps →

Map showing incident location at 40.7800, -73.3000 Incident location, Long Island

What Happened

Elvin Maradiaga Ortiz, 35, of Hempstead, pleaded guilty on March 16 before Judge Howard Sturim to multiple felony charges stemming from a fatal DWI crash and several violent crimes committed between 2019 and 2024. The plea came on the eve of trial for charges that included a manslaughter count for a February 2024 crash on Jerusalem Avenue in Uniondale that killed one of his passengers, according to the Nassau County District Attorney’s Office.

On February 24, 2024, at approximately 5:10 a.m., Maradiaga Ortiz was driving a 2014 Jeep Grand Cherokee westbound on Jerusalem Avenue in Uniondale while intoxicated, prosecutors say. He had two passengers in his vehicle when he drove off the roadway, causing the SUV to strike a pole and flip over. After the collision, Maradiaga Ortiz fled the scene on foot, leaving his backseat passenger, 35-year-old Alex Banegas Figueroa, unconscious in the wreckage. Figueroa was transported to Nassau University Medical Center following the crash and was pronounced dead one week later on March 1, 2024.

A subsequent investigation revealed that Maradiaga Ortiz had consumed multiple alcoholic beverages over the course of several hours at a local bar prior to the collision, according to prosecutors. During the investigation into the fatal crash, authorities connected Maradiaga Ortiz to several previously committed crimes using a DNA sample belonging to the defendant that was recovered from various crime scenes, along with GPS evidence from an ankle monitoring device he had been wearing since 2020 following an arrest by U.S. Immigration and Customs Enforcement.

The investigation uncovered a pattern of violent crimes dating back to 2019. Prosecutors say that in 2019, Maradiaga Ortiz sold cocaine to another individual in Hempstead. On August 5, 2021, he broke into a second-floor apartment in a home in Elmont and stole a safe containing $20,000 from a bedroom closet, according to the DA’s office. The homeowner, who was asleep in another part of the house, heard noises and discovered three men including Maradiaga Ortiz wearing dark clothes, hoodies, and face masks. One of the men threatened to shoot the homeowner if he moved, prosecutors say. The victim retreated into his home as the three men fled.

Police reviewed video footage from the front and backyard of the Elmont home that showed three masked men arriving at the property and then running away with a large box. Additional video footage from a home one block away captured the men entering a vehicle. Police later recovered a pair of gloves, a face mask, and a t-shirt in front of that residence, with prosecutors subsequently matching Maradiaga Ortiz’s DNA to a sample found on the recovered mask.

Just one week later, on August 12, 2021, Maradiaga Ortiz stole jewelry from an apartment in Floral Park, including three watches, a diamond engagement ring, and a white gold necklace, according to prosecutors. The criminal activity continued into 2023, when he broke into a West Hempstead home around 4:00 a.m. The victim opened his bedroom door to go to the bathroom and encountered Maradiaga Ortiz and others dressed in black and wearing masks. The individuals, armed with weapons, pushed the victim back into the bedroom and threw him to the floor, prosecutors say. The victim was held at gunpoint as the intruders ripped three gold necklaces from his neck and a gold bracelet from his wrist, resulting in injuries to his forehead, arms, and the back of his neck.

An extensive video search uncovered footage at the end of the West Hempstead street showing three men getting out of a dark-colored sedan. Additional videos backtracked the sedan to Hempstead, where Maradiaga Ortiz was seen getting into the vehicle. GPS records from his ankle monitoring device corroborated the defendant’s presence at each of the crime scenes during the 2021, 2023, and 2024 incidents. Maradiaga Ortiz was arrested by Nassau County Police Department members on March 21, 2024.

“From violent robberies to the alcohol-fueled crash that killed his own passenger, this defendant demonstrated a consistent disregard for human life,” said Nassau DA Anne Donnelly. “He left a dying victim behind in an attempt to escape responsibility for his violent past, but his own DNA ultimately exposed the truth. The extensive investigation and relentless work of our prosecutors and law enforcement partners built a powerful case that led to this guilty plea. No outcome can undo the loss suffered by the victims and their families, but this result removes a dangerous criminal from our streets.”

Location & Road Context

Jerusalem Avenue in Uniondale is a major east-west thoroughfare that runs through Nassau County, connecting multiple Long Island communities. The westbound section where the fatal crash occurred is a busy roadway that sees significant traffic during early morning hours from commuters and late-night travelers. The area where Maradiaga Ortiz’s Jeep Grand Cherokee left the roadway and struck a pole before flipping over represents a stretch of road that has seen various traffic incidents over the years.

The Uniondale section of Jerusalem Avenue passes through both residential and commercial areas, with the early morning crash occurring during a time when traffic is typically lighter but can still include shift workers and individuals returning from late-night establishments.

Maradiaga Ortiz pleaded guilty to Burglary in the First Degree and Robbery in the First Degree (both Class B violent felonies); Criminal Sale of a Controlled Substance in the Third Degree (a Class B felony); Manslaughter in the Second Degree (a Class C felony); Leaving the Scene of an Incident Resulting in Death (a Class D felony); Driving While Intoxicated (an unclassified misdemeanor); and Assault in the Third Degree and Petit Larceny (both Class A misdemeanors). The plea was entered before Judge Howard Sturim in Nassau County Court.

Maradiaga Ortiz is expected to be sentenced to 19 years in prison on May 18, 2026, though the Nassau County District Attorney’s Office had recommended a sentence of 25 years in prison. The case demonstrates how modern investigative techniques, including DNA analysis and GPS tracking evidence from monitoring devices, can connect suspects to multiple crimes across several years.

Broader Impact

The case highlights how ankle monitoring devices, typically used as alternatives to detention, can provide crucial evidence in criminal investigations. Maradiaga Ortiz had been wearing the GPS tracking device since his 2020 ICE arrest, and the location data became key evidence linking him to multiple crime scenes across Nassau County, ultimately helping prosecutors build their case against him for the series of violent crimes that culminated in the fatal DWI crash.

Topics

HempsteadHempstead trafficHempstead accidentserious accidentDWI crashLong Island accident todayLong Island traffic todayLong IslandNY

Frequently Asked Questions

What should I do if I'm in a car accident in Hempstead?

Call 911 immediately if anyone is injured or if the vehicles can't be moved safely off the roadway. Stay at the scene — leaving the scene of an accident with injuries is a crime under New York Vehicle and Traffic Law §600. Exchange license, registration, and insurance information with every other driver involved. Take photographs of every vehicle, the position of the vehicles before they're moved, all license plates, the road surface, traffic signs, and any visible injuries. Get the names and phone numbers of every witness — police often won't capture bystander witnesses on their own. Seek medical attention within 24 hours even if you feel fine; soft-tissue injuries and concussions can take a day or two to present, and a delayed medical visit weakens an injury claim. In Nassau County, NCPD responds outside of incorporated villages. In Suffolk County, SCPD covers the five western towns; East End towns have their own forces. New York State Police Troop L responds to accidents on state highways across both counties.

How long do I have to file a no-fault claim in New York?

Thirty days. New York Insurance Law §5102 requires you to file a Personal Injury Protection (PIP/no-fault) application with the insurer of the vehicle you were in (or, if you were a pedestrian or cyclist, with the insurer of the striking vehicle) within 30 days of the accident. Missing the 30-day deadline can void your no-fault benefits — that's up to $50,000 in medical bills and 80% of lost wages (capped at $2,000/month) per injured person. The form is the NF-2 application; your insurance carrier provides it on request. New York no-fault is a true PIP system: it pays regardless of who caused the crash.

What counts as a "serious injury" under New York law?

Under Insurance Law §5102(d), a "serious injury" is one that meets at least one of these categories: (1) death; (2) dismemberment; (3) significant disfigurement; (4) a fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function, or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; or (9) a medically determined injury that prevents the injured person from performing substantially all daily activities for at least 90 of the first 180 days following the accident. Only injuries that meet one of these nine categories create the right to sue the at-fault driver for pain and suffering damages — short of that threshold, recovery is limited to no-fault PIP benefits. Disputes over whether an injury meets the threshold are the single most-litigated issue in NY motor-vehicle cases.

How long do I have to sue after a Long Island car accident?

Three years from the date of the accident for personal injury claims under CPLR §214(5). Wrongful death claims have a two-year deadline under EPTL §5-4.1. If a government entity is involved (a county vehicle, a road defect on a state highway, a defective traffic signal, a county bus), you must file a Notice of Claim within 90 days under General Municipal Law §50-e — that's a non-negotiable jurisdictional deadline, and missing it usually bars the claim entirely. Property-damage-only claims have the same three-year clock. The clock starts on the day of the accident, not the day you discover the full extent of an injury.

Can I still recover compensation if I was partly at fault?

Yes. New York is a pure comparative negligence state under CPLR §1411. Even if you were 90% at fault, you can still recover 10% of your damages. (A pending 2026 budget proposal would change this to a 51% bar — meaning a plaintiff who is more than 50% at fault would recover nothing — but that hasn't passed.) Insurance carriers routinely try to inflate the injured driver's percentage of fault to reduce payouts. The percentage assignment is decided by the jury at trial (or negotiated during settlement); it isn't fixed by the police accident report and isn't binding even when the report assigns fault. Reporting practice and the actual legal apportionment are separate questions.

Who can file a wrongful death claim in New York?

Under EPTL §5-4.1, only the personal representative (executor or administrator) of the deceased's estate can bring a wrongful death action — not the deceased's family directly. The estate is opened in Surrogate's Court of the county where the deceased lived. Damages flow to the spouse, children, parents, and other distributees defined under EPTL §4-1.1. Recoverable damages include loss of financial support, loss of parental guidance for surviving children, and conscious pre-death pain and suffering (recovered through a separate "survival action" under EPTL §11-3.2). New York is unusual in NOT allowing surviving family members to recover for their own emotional grief — only economic losses to the estate. The wrongful-death two-year statute of limitations is shorter than the three-year personal-injury statute, so the deadline is critical.

How do I get a copy of the police accident report?

If local police responded to the scene, the report is filed under an MV-104A form. In New York State, you can request a copy through the DMV at https://dmv.ny.gov/vehicle-safety/get-copy-accident-report (roughly $7 online, $10 by mail) once the responding agency has uploaded it to the state system, which usually takes 5-10 business days. NCPD and SCPD also have their own direct-request processes through the precinct that responded. If you weren't injured but the property damage exceeded $1,000, New York VTL §605 requires you (the driver) to file your own MV-104 report with the DMV within 10 days regardless of whether police responded.

How dangerous is This Road near Hempstead?

Long Island Traffic tracks every reported incident on this road across both counties — see the road profile page for the multi-year accident count, severity distribution, and the specific intersections that show repeated incident clusters. Suffolk and Nassau county roads with chronic problems are reviewed by their respective DOTs on a multi-year cadence; persistent issues are sometimes addressed with new signal phasing, lane-narrowing treatments, or — in extreme cases — a Vision Zero engineering response. Daily incident updates flow into our live-events feed every fifteen minutes.

Disclaimer: Incident information on this page is compiled from public sources including police reports, traffic agencies, and news outlets. It is provided for informational purposes only and may not reflect the most current status of this incident. Do not rely on this information for legal, insurance, or emergency decisions. For emergencies, call 911.