MINEOLA, N.Y. — A Valley Stream man admitted Thursday to driving drunk at 127 mph before crashing his car on the Seaford-Oyster Bay Expressway in 2022, killing his 23-year-old half-brother.
Joshua Pena, 25, pleaded guilty to multiple charges, including manslaughter in the second degree and vehicular manslaughter, for the crash that claimed the life of Xavier Pena. Prosecutors said Joshua Pena was intoxicated at more than twice the legal limit when he lost control of his Mercedes, struck a guardrail, and slammed into a tree.
Emergency responders found Xavier Pena pinned inside the wreckage while Joshua Pena was seen walking near nearby brush. Xavier Pena was extricated and transported to Nassau University Medical Center, where he was pronounced dead. A blood draw taken from the defendant about 45 minutes after the crash showed a blood alcohol content of .17.
Nassau County District Attorney Anne T. Donnelly said the defendant’s reckless actions led to a tragic and preventable loss, stating, “Now after this tragic and avoidable crash, one brother will never return home and the other will be confined to a prison cell for years to come.”
Pena is expected to be sentenced on April 3, with prosecutors recommending six to 12 years in prison, though he is likely to receive 3½ to 8¼ years.