Ex-off-duty firefighter accused of DWI, speeding in fatal crash sent to jail
KEW GARDENS, Queens (WABC) -- An ex-FDNY firefighter accused of being drunk and high behind the wheel in a deadly crash appeared before a judge in Queens where he pleaded not guilty.
A 14-count indictment was unsealed on Thursday, charging Michael Peña with a top count of second-degree manslaughter and DWI charges.
He had been out on bail up until Thursday, but Peña was ordered remanded, handcuffed, and taken into custody as the victim's family erupted in cheers in the courtroom.
He is accused of being drunk, on drugs and speeding at the time of the crash in February. His vehicle allegedly ran a red light and rammed into 23-year-old Justin Diaz's car at 83 mph -- three times the speed limit.
Prosecutors argued for remand based on new details about his prior contact with the justice system, his firing from the FDNY, and further testing that confirmed his intoxication the night of the incident.
Officials say surveillance video shows Peña running a red light on Northern Boulevard and 107th Street in Kew Gardens back on February 26.
Prosecutors revealed they are in possession of multiple police body worn camera recordings that allegedly show Peña admitting to police that he ran the red, he was an off-duty firefighter, and that he T-boned the victim's car.
Five hours after the crash, at the hospital, testing showed Peña was still intoxicated and high on marijuana and cocaine, they said.
Prosecutors also have video of the suspect drinking in various Queens bars during a 10-hour binge the day and night of the crash, and video of his two passengers tossing beer bottles out of the car.
Prosecutors tacked on new charges of operating an unregistered vehicle, obstructing license plate, and excessively tinted windshield.
They also delved into his prior interactions with the justice system which includes five arrests for petit larceny, assault, and 25 school zone speeding tickets from 2023-2024.
He faces 15 years in prison in this current case.
The 23-year-old victim was just a block-and-a-half from his family's home on his way to an early morning shift at LaGuardia Airport.
At court on Thursday, his family spoke out before court began.
"My son's life mattered just like anyone else's. An innocent 23-year-old going to work. It's very, very sad. My heart is broken forever," said Toni Diaz, the victim's mother. "He worked very hard to get that car. He worked many days over time so he could have the car of his dreams, and this man shattered every dream he's ever had."
Loved ones say Diaz had just graduated from Vaughn College with a degree in aeronautics. He had a passion for aviation.
Diaz recieved his college degree in the mail on the day on his wake.
His family has been eagerly waiting for this day in court, holding signs and wearing shirts with his face on them before pouring into the courtroom.
They cheered when the judge decided Pena would no longer be allowed out on bail.
"I'm incredibly happy that they finally took this serious and they saw how bad of a person Michael Pena is - he should have never been out on these streets," Franklin Diaz, the victim's brother said.
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