Hempstead Man Who Left Unconscious Passenger After Fatal DWI Crash Gets 21 Years: NCDA

HEMPSTEAD, NY — A Hempstead man was sentenced to 21 years in prison after burglaries, robberies, and a fatal crash, the Nassau County District Attorney's Office announced on Tuesday.

Elvin Maradiaga Ortiz, 35, pleaded guilty on Mar. 16 before Judge Howard Sturim to first-degree burglary, first-degree robbery, third-degree criminal sale of a controlled substance, second-degree manslaughter, leaving the scene of an incident resulting in death, driving while intoxicated, third-degree assault, and petit larceny, the DA's office said.

Ortiz also pleaded guilty on Oct. 13 before Judge Howard Sturim to third-degree intimidating a victim or witness, the DA's office said.

He was sentenced on Oct. 13 to 21 years in prison, the DA's office said.

"Elvin Maradiaga Ortiz committed violent burglaries and robberies before doubling down on how little he valued human life by driving drunk, crashing the car, and abandoning his dying friend to evade responsibility," NCDA Anne Donnelly said. "Shortly after pleading guilty to these crimes, the defendant showed a continued disregard for the law by threatening a witness connected to the case."

According to DA Donnelly, on Feb. 24, 2024, at about 5:10 a.m., Ortiz was driving a 2014 Jeep Grand Cherokee westbound on Jerusalem Avenue in Uniondale with two passengers in his car while intoxicated.

He drove off the road, which led to the vehicle striking a pole and flipping over, DA Donnelly said. Ortiz fled the scene on foot, leaving his backseat passenger, Alex Banegas Figueroa, 35, unconscious in the vehicle, DA Donnelly said.

Figueroa was taken to Nassau University Medical Center and was pronounced deceased one week later on March 1, 2024, DA Donnelly said.

Upon investigation, it was determined that Ortiz consumed multiple alcoholic drinks over several hours at a local bar before the crash, prosecutors said.

According to the DA's office, Ortiz was then connected to other crimes, including a robbery and burglary, through a DNA sample and GPS evidence.

Prosecutors said that on Aug. 5, 2021, Ortiz entered a second-floor apartment in an Elmont home and took a safe with $20,000 from a bedroom closet while the homeowner was asleep in another part of the house. The homeowner heard noises and found three men, including Ortiz, "wearing dark clothes, hoodies, and face masks," the DA's office said. After one of the men threatened to shoot the homeowner if he moved, the homeowner went back inside the house and the men ran off, the DA's office said.

"Police later recovered a pair of gloves, a face mask, and a T-shirt in front of that residence," the DA's office said, adding that prosecutors matched Ortiz's DNA to a DNA sample on the mask.

On Aug. 12, 2021, Ortiz was accused of stealing three watches, a diamond engagement ring, and a white gold necklace from a Floral Park apartment, the DA's office said.

Another incident occurred in 2023 when Ortiz was accused of breaking into a West Hempstead house around 4 a.m., prosecutors said. An occupant of the house opened his bedroom door to head to the bathroom when Ortiz and a few others dressed in black with masks pushed the man into the bedroom and threw him to the floor, prosecutors said.

The man was held at gunpoint, and the masked individuals took three gold necklaces from the man's neck and a gold bracelet off his wrist, the DA's office said. The man suffered injuries to his forehead, arms, and the back of his neck, the DA's office said.

During these incidents in 2021, 2023, and 2024, Ortiz was wearing an ankle-monitoring device that tracked his location after he was arrested by U.S. Immigration and Customs Enforcement in 2020, the DA's office said.

"GPS records corroborated the defendant’s presence at each of the scenes," the DA's office said.

According to the DA's office, Ortiz was placed under arrest by the NCPD on Mar. 21, 2024.

The case is being prosecuted by Deputy Bureau Chief Katie Zizza, Assistant District Attorney Alexandra Russell, and Assistant District Attorney Brittany Battista of the Vehicular Crimes Bureau under the supervision of Bureau Chief Michael Bushwack and the overall supervision of Executive Assistant District Attorney for the Litigation Division Daryl Levy, and the defendant is represented by Chris Devane, Esq., the DA's office said.