Former FDNY firefighter accused in deadly Queens crash released on bail
KEW GARDENS, Queens. (WABC) -- A former FDNY firefighter accused in a deadly crash in Queens last February was released Friday on $75,000 bail.
Police say Michael Peña was drunk and high on cocaine and marijuana when he was speeding, ran a red light and T-boned a car driven by 24-year-old Justin Diaz.
On Friday he was released out on bail for the second time.
Diaz's family showed up to court in numbers where they demanded justice for their loved one.
"My cousin will never get to hug his mother, my cousin will never get to walk upstairs and say, 'Hola mama!' Never get to do that because you took that away from us," the victim's cousin Joanny Reyes said.
Prosecutors say Diaz was driving to work at the time of the crash at Northern Boulevard and 107th Street. Authorities say Peña, an off-duty probationary firefighter at the time -- was speeding at 83 mph while drunk and high.
Prosecutors successfully argued his firing from the FDNY, previous run-ins with the law and seriousness of the charges called for him to be remanded.
But the defense appeals saying he is not a flight risk. The appellate court agreed and so Peña was released on bail.
"He feels terrible about the whole incident and what happened but there's a legal process that has to be followed," said defense attorney David Cohen.
Part of the district attorney's argument to keep Peña in jail are prior arrests for assaults, petit larceny and 25 school-zone speeding tickets.
"We're dealing with somebody who has gotten away - from the age of 15 - with absolutely everything he has ever done," said Queens Assistant District Attorney Vivian Gonzalez.
Diaz' mother was left frustrated with the system.
"They keep failing us, we had a little closure knowing that he was behind bars and knowing that he would not be able to do this to another family," said Toni Diaz.
The only bail condition that Peña faced was having to surrender his passport and sign an affidavit saying he won't apply for a new one.
Six family members and friends helped him post bail.
He is charged with manslaughter and a slew of other charges. If convicted, Peña faces up to 15 years in prison.
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