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Former FDNY firefighter sentenced for fatal Queens crash that killed 23-year-old driver
By
Apolline Lamy
Published Jul 16, 2026
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By
Apolline Lamy
Published Jul 16, 2026
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Former FDNY firefighter Michael Pena was sentenced Thursday to four to 12 years in prison for a 2025 crash that killed 23-year-old Justin Diaz in East Elmhurst, officials said.
Pena, who was off duty at the time, was driving while intoxicated when he ran a red light and slammed his Mercedes-Benz into Diaz's BMW as Diaz drove to work at LaGuardia Airport, according to the Queens District Attorney's Office.
Queens District Attorney Melinda Katz announced the sentence Thursday after Supreme Court Justice Michael Hartofilis imposed the prison term.
"Michael Pena disregarded the laws of our roads and killed an innocent young man as he traveled to work," Katz said in a statement.
Prosecutors said a court-ordered blood test found Pena had a blood alcohol content of 0.17 — more than twice the legal limit of 0.08. They also said he had cocaine and marijuana in his system.
According to prosecutors, Pena drove about 83 mph in a 25 mph zone and ran a steady red light before crashing into Diaz's car.
Pena, 29, of Oakland Gardens, pleaded guilty on July 1 to second-degree manslaughter and second-degree vehicular manslaughter.
The crash happened shortly after 4 a.m. on Feb. 26, 2025, at Northern Boulevard and 107th Street in East Elmhurst. Diaz was taken to Elmhurst Hospital, where he was pronounced dead, officials said.
After the crash, Diaz's aunt, Marisela Diaz, told Gothamist her nephew was a "great kid" who had recently graduated from Vaughn College in Queens with a degree in aeronautics.
Tagged
public safety
queens
Apolline Lamy
Apolline Lamy is a reporting intern on the Day-of Desk. She is studying for her master's degree from the Craig Newmark Graduate School of Journalism at CUNY.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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