Shawn Amponsah-
In Queens, NY, District Attorney Melinda Katz announced that Michael Pena, 28, has been charged with manslaughter and other offenses in connection with a high-speed crash in Corona that killed 23-year-old Justin Diaz.
The fatal collision occurred in the early hours of February 26 at the intersection of 107th Street and Northern Boulevard in East Elmhurst. Diaz, who had the right of way while driving northbound on 107th Street, was struck by Pena’s Mercedes-Benz. He was transported to a local hospital, where he died from his injuries.
“Drunk and reckless driving often have horrendous consequences,” said DA Katz. “The defendant, an off-duty FDNY firefighter, is accused of running a red light and striking a 23-year-old motorist at more than three times the posted speed limit. Our roadways are not a racetrack, and my office will seek justice for the victim and his family.”
Pena, a resident of Oakland Gardens, was arraigned on multiple charges, including:
– Manslaughter in the Second Degree
– Vehicular Manslaughter in the Second Degree
– Assault in the Second Degree
– Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs
Queens Criminal Court Judge Anthony Battisti ordered Pena to return to court on May 12. He could face up to 15 years in prison if convicted of the top charge.
According to the investigation, Pena was driving a silver Mercedes S63 Coupe eastbound on Northern Boulevard at approximately 4:15 a.m. when he ran a red light at the intersection of 107th Street. He was traveling at 83 mph in a 25-mph zone when he collided with Diaz’s BMW, which had the green light. The impact caused severe trauma, and Diaz was pronounced dead at the hospital.
Pena remained at the scene, where officers observed signs of intoxication, including the smell of alcohol, watery eyes, slurred speech, and an unsteady gait. A breathalyzer test revealed a blood alcohol content of .156 percent, nearly double the legal limit of .08 percent. Toxicology reports also indicated the presence of cocaine and marijuana in his system.
Assistant District Attorneys Vivian Gonzalez and Abigail Neuviller of the DA’s Homicide Bureau are handling the case. They are supervised by Jonathan Selkowe, Unit Chief of the Vehicular Homicide Unit, and John Kosinski, Bureau Chief of the Homicide Bureau. Executive Assistant District Attorney for Major Crimes Shawn Clark oversees the case.