Posted on: April 18, 2025 08:55 AM

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Ex off duty firefighter accused of DWI speeding in fatal crash sent to jail

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.