The family of Justin Diaz who died in a motor vehicle accident February are seeking justice. According to CM Diaz on social media,
3 weeks ago today my brother in law Justin Diaz was hit and killed by an off duty firefighter. Posted bail and went home in less than 24 hours. Thank you NYC bail reform for showing us no one’s life is of value to the system.
Why is it important to state the murderer, Michael Peña, worked for the FDNY and why they should terminate his employment at the conclusion of his “28 day suspension”? First point being on arrival of the NYPD, he admitted to being intoxicated (offense #1), speeding (offense #2), & ran a red light hitting Justin (offense #3). Second point is he also on body cam via NYPD mentioning he is a firefighter when it had no bearing on what was happening. Thirdly and most importantly, he refused a breathalyzer alrhough blood tests would latwr show he was high and drunk. the FDNY probationary firefighter manual clearly states refusal to test and or use of illicit drugs shall be grounds for termination. All these stipulations are public information on the official FDNY website. None of the information above is speculation. Do you think this person should still be on FDNY payroll?
What happened?
An intoxicated driver Prosecutors said Thursday that the FDNY firefighter who killed a 23-year-old BMW driver in Queens was high on both cocaine and marijuana when he blew a red light at a pace of about 60 miles per hour over the speed limit.
At the scene of the tragic, early-morning Wednesday crash, 28-year-old firefighter Michael Pena declined to take a breathalyzer test. However, prosecutors claimed at his hearing in Queens Criminal Court Thursday night that detectives found the substances in his system after a warrant was granted for a blood draw.
Around 4:15 a.m., victim Justin Diaz had just left his family’s house when the Mercedes-Benz driver sped through an intersection in East Elmhurst. The Daily News received startling footage of Diaz T-boning his BMW on Wednesday.
Pena was driving 83 mph in a 25 mph zone following a night of drinking at a bar on Bell Blvd. in Bayside, Queens, prosecutors charged. Surveillance footage from the bar showed him having his first drink around 6 p.m. — nearly 11 hours before the crash, they added.
Diaz was headed to his job at LaGuardia Airport just before the crash, where he worked handling luggage for an airline, his devastated brother said after Pena’s arraignment.
At Pena’s arraignment, Judge Anthony Battisti set a cash bail of $50,000 or $100,000 bond, which the firefighter posted.
The off-duty firefighter was charged with vehicular manslaughter, DWI and refusing to take a breath test.
