Northern Boulevard at 107th Street, East Elmhurst · February 26, 2025, about 4:15 a.m.
A 29-year-old former FDNY firefighter from Oakland Gardens was sentenced in Queens to 4 to 12 years in prison for a crash on Northern Boulevard that killed a 23-year-old man on his way to work at LaGuardia Airport.
What happened
According to the Queens District Attorney, Michael Pena was driving a silver Mercedes-Benz S63 coupe at about 83 miles per hour in a 25 mph zone at around 4:15 a.m. on February 26, 2025. He ran a red light at 107th Street and struck a BMW driven by Justin Diaz, 23, who had the green light. Mr. Diaz died at the hospital. Prosecutors say Mr. Pena's BAC was .17, and cocaine and marijuana were also found in his system.
The charges and the result
Mr. Pena pleaded guilty on July 1, 2026, to second-degree manslaughter and second-degree vehicular manslaughter. On July 16, 2026, Queens Supreme Court Justice Michael Hartofilis sentenced him to 4 to 12 years on the manslaughter count and 2⅓ to 7 years on the vehicular manslaughter count, to run concurrently.
What this case shows
New York treats a fatal impaired-driving crash under two different sets of laws. Vehicular manslaughter is built on intoxication: an impaired driver who causes a death. Manslaughter in the second degree is built on recklessness: consciously disregarding a grave risk of death. Here the People charged both, and the recklessness count, supported by the speed and the red light, carried the longer sentence. When prosecutors can prove recklessness, the BAC is no longer the only question in the case.
The case also shows how the evidence gets built: vehicle data for speed, traffic signal timing, and a blood test that looks for drugs as well as alcohol.
Related: drugged driving (DWAI-Drugs) · felony DWI
This article is drawn from public court filings, official releases and news reports, and is provided for general information only. A charge is an accusation, not proof of guilt. Every person is presumed innocent unless and until proven guilty in court. Nothing here predicts the outcome of any other case, and nothing here is legal advice.
Sources
- Queens District Attorney: Former Firefighter Sentenced to 4 to 12 Years in Prison for Fatal Collision in East Elmhurst
- Queens District Attorney: Driver Pleads Guilty to Manslaughter for Collision That Killed 23-Year-Old Motorist on Northern Boulevard
- Gothamist: Former FDNY firefighter sentenced for fatal Queens crash