The driver accused of killing an Andover father and his 8-year-old daughter in a fiery North Reading crash now faces two counts of second-degree murder. Matthew Sweeney, 21, of Paxton, pleaded not guilty Wednesday in Middlesex Superior Court and was ordered held without bail, WCVB and Boston 25 News reported.
Samir Naili, 35, and his daughter, Kashmera Naili, died at the scene on August 22, 2026. (WCVB spells her name Kashmera; Boston 25 spells it Kashmira.) They were stopped at a red light, on a run to get chocolate milk, prosecutors said, according to Boston 25. Murder charges in a crash case are unusual. Here is what prosecutors allege, and what they will have to prove.
The charges
According to WCVB, Sweeney pleaded not guilty to:
- two counts of second-degree murder;
- two counts of felony motor vehicle homicide;
- failure to stop for a police officer;
- speeding;
- operating under the influence; and
- furnishing a false name.
He was first arraigned in August and sent for a competency evaluation at Bridgewater State Hospital. He was found competent to stand trial earlier this month, Boston 25 reported. The murder counts are the upgraded charges from the indictment. He is due back in court November 4 and December 15. Sweeney is presumed innocent.
What prosecutors say happened
These are allegations made in court, as reported by WCVB and Boston 25 News:
- An Andover officer saw Sweeney’s white Acura MDX speeding, drifting across the center line and into the opposite lane at about 10:43 p.m., and estimated it was going up to 102 mph. Sweeney did not stop for the officer’s blue lights.
- Police had been looking for the car after a hit-and-run crash in Methuen earlier that night, WCVB and Boston 25 reported. Boston 25 reported that prosecutors also described a crash in Londonderry, New Hampshire, shortly before 10 p.m.
- A crash analysis found the Acura was going about 95 mph five seconds before impact, with no evidence of braking, before it struck the Nailis’ car, which caught fire.
- Prosecutors said Sweeney smelled of alcohol, had slurred speech, was unsteady, and gave officers two false names. A police report described open alcoholic beverages in his vehicle, Boston 25 reported.
- Prosecutors said he had been driving erratically through the day after leaving Paxton to golf in southern New Hampshire.
The defense
Sweeney’s lawyer said he was in a psychotic state at the time of the crash, Boston 25 reported. The defense said he has been diagnosed with bipolar disorder and as “psychotic,” and that his mother had tried for years, without success, to get him committed for treatment. “He made a number of comments when he called his mother that tend to demonstrate that he didn’t understand what was going on,” his attorney said, according to WCVB. Prosecutors described his history of mental health and substance abuse problems, including earlier police calls by his mother.
Why murder, not only motor vehicle homicide
Massachusetts has a statute written for deadly OUI crashes. Under G.L. c. 90, § 24G(a), a driver who operates under the influence “and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered,” and causes a death, is guilty of homicide by a motor vehicle while under the influence. The penalty is 2½ to 15 years in state prison, or 1 to 2½ years in a house of correction, with a one-year minimum that cannot be suspended.
Murder is a different and far more serious charge. Under G.L. c. 265, § 1, any murder that is not first-degree “is murder in the second degree,” and under § 2(c) the sentence is life in prison with parole eligibility. Under G.L. c. 279, § 24, the judge sets the parole eligibility date at between 15 and 25 years.
What separates murder from vehicular homicide is malice. In a crash case, prosecutors ordinarily rely on what Massachusetts courts call third prong malice: the defendant intentionally did an act that, in the circumstances known to him, a reasonable person would have known created a plain and strong likelihood that death would result. It does not require an intent to kill. That is why the alleged facts here, a police chase at around 100 mph and no braking before a car stopped at a red light, are central to the murder counts.
Where mental illness fits
The defense’s account of a psychotic episode can matter in two different ways.
- Competency is about the present: whether a defendant can understand the proceedings and help his lawyer. A judge has already found Sweeney competent, according to Boston 25.
- Criminal responsibility is about the time of the crash. Under Commonwealth v. McHoul, 352 Mass. 544 (1967), a person is not criminally responsible if, as a result of mental disease or defect, he “lacks substantial capacity either to appreciate the criminality [wrongfulness]” of his conduct or to conform it to the law. No such defense has been formally reported in this case.
What happens next
Sweeney is held without bail. If he is released to home confinement, Boston 25 reported, he must wear a GPS monitor, undergo daily drug and alcohol testing and not drive. Under G.L. c. 90, § 24G(d), a conviction under that section would also mean a 15-year license revocation. The next court dates are November 4 and December 15.
Frequently asked questions
What is Matthew Sweeney charged with?
Two counts of second-degree murder, two counts of felony motor vehicle homicide, failure to stop for police, speeding, operating under the influence, and furnishing a false name, in the August 22, 2026 crash in North Reading that killed Samir Naili and his 8-year-old daughter. He pleaded not guilty.
Can a drunk driver be charged with murder in Massachusetts?
Yes, if prosecutors can prove malice. In crash cases that usually means showing that a reasonable person, knowing what the driver knew, would have understood there was a plain and strong likelihood that death would result. Without malice, the charge is motor vehicle homicide under G.L. c. 90, section 24G.
What is the sentence for second-degree murder in Massachusetts?
Life in prison, with parole eligibility after a term set by the judge of between 15 and 25 years, under G.L. c. 265, section 2(c) and G.L. c. 279, section 24.
What is the penalty for OUI motor vehicle homicide?
Under G.L. c. 90, section 24G(a), 2½ to 15 years in state prison, or 1 to 2½ years in a house of correction, with a mandatory minimum of one year and a 15-year license revocation.
Sources: WCVB and Boston 25 News, October 14, 2026, including statements from the Middlesex District Attorney’s office, prosecutors and defense counsel as reported; Boston 25 News for the police report details, crash analysis and next court dates. G.L. c. 265, sections 1 and 2; G.L. c. 90, section 24G; and G.L. c. 279, section 24, read at malegislature.gov. Commonwealth v. McHoul, 352 Mass. 544 (1967), verified. Matthew Sweeney has pleaded not guilty and is presumed innocent. General information about Massachusetts law, not legal advice.