QUEENS, N.Y. – Former FDNY firefighter Michael Pena has been sentenced to four to 12 years in prison for causing a fatal drunken-driving crash that killed 23-year-old Justin Diaz in East Elmhurst, Queens District Attorney Melinda Katz announced.
Pena, 29, of Oakland Gardens, pleaded guilty on July 1 to second-degree manslaughter and second-degree vehicular manslaughter. Queens Supreme Court Justice Michael Hartofilis sentenced him Friday to four to 12 years on the manslaughter conviction and a concurrent term of 2 1/3 to seven years on the vehicular manslaughter conviction.
Prosecutors say driver was intoxicated and speeding
According to prosecutors, the crash occurred at approximately 4:15 a.m. on Feb. 26, 2025, at the intersection of Northern Boulevard and 107th Street in East Elmhurst.
Investigators said Pena was driving a silver Mercedes-Benz S63 Coupe eastbound on Northern Boulevard at approximately 83 mph in a 25-mph zone when he ran a steady red light and struck the driver’s side of a purple BMW driven by Diaz. Prosecutors said Diaz had the green light and was on his way to work at LaGuardia Airport.
Diaz was transported to a local hospital, where he died from his injuries.
Blood test revealed alcohol and drugs
Authorities said Pena remained at the scene after the collision. Responding officers observed a strong odor of alcohol on his breath, watery eyes, slurred speech, and that he was unsteady on his feet.
A court-ordered blood test found Pena had a blood alcohol concentration of .17, more than twice New York’s legal limit of .08. Prosecutors also said cocaine and marijuana were detected in his system.
District Attorney Katz said, “Michael Pena disregarded the laws of our roads and killed an innocent young man as he traveled to work. Pena’s actions have saddled the family and friends of Justin Diaz with a lifetime of grief.”
She added, “This sentence will not balance the loss of the victim’s life, but we hope it provides a measure of solace for his loved ones as they continue to mourn his completely senseless loss.”
Why it matters
The case underscores the severe legal consequences of impaired and reckless driving that results in a fatality. Prosecutors said the sentence reflects the seriousness of driving while intoxicated at excessive speeds, particularly when it leads to the loss of life.
