Posted on: February 28, 2025 07:00 AM

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Off duty firefighter charged in deadly crash allegedly drove 3x the speed limit under the influence

An off-duty FDNY firefighter was arraigned on charges of manslaughter for allegedly speeding through a red light at an intersection and slamming into another driver, and killing him, the Queens District Attorney said.

Queens District Attorney Melinda Katz announced Michael Pena was allegedly driving 83 mph in a 25 mph zone when he slammed his Mercedes into a BMW at the intersection of 107th Street and Northern Boulevard in East Elmhurst on Wednesday.

The 24-year-old victim, Justin Diaz, was driving north on 107th Street and had the right of way as he entered the intersection, the complaint said.

Pena, 28, was arraigned Thursday on charges of 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 and related charges.

He was ordered to return to court on May 12.

If convicted, he faces a maximum of 15 years in prison.

Pena stayed at the scene where a police officer observed him to be in an intoxicated state, with a strong odor of alcohol on his breath, watery eyes, slurred speech and he was unsteady on his feet, according to the complaint.

A breath test indicated that Pena had a blood alcohol content of .156 percent and allegedly had drugs in his system, according to the complaint.

The FDNY said Pena has been suspended without pay for 28 days.