Drunk FDNY firefighter sentenced after causing fatal collision

EAST ELMHURST, Queens (PIX11) — A former NYC firefighter is going to face time in jail after driving drunk and colliding with a BMW, killing the driver in Queens, District Attorney Melinda Katz announced Thursday. Former FDNY firefighter Michael Pena was sentenced to four to 12 years in prison after pleading guilty to the killing of Justin Diaz during an early morning high-speed collision in Feb. 2025, according to court documents. Pena, 29, was driving eastbound over 80 mph at 4:15 a.m. when his silver Mercedes coupe sped through a red light at 107th Street and struck a BMW driven by Diaz, according to investigators. Diaz, 23, was taken to a local hospital but was pronounced dead as a result of the severe injuries. Pena remained at the scene, where a police officer observed a strong odor of alcohol in his breath, watery eyes, slurred speech, and he was unable to stand steadily on his feet, according to court documents.  A court-ordered blood test was performed and found that Pena had a Blood Alcohol Content of .17% at the time of the collision, more than double the legal limit of .08%, according to an investigation. He also had cocaine and marijuana in his system.  “Michael Pena disregarded the laws of our roads and killed an innocent young man as he traveled to work, said Katz. “Pena’s actions have saddled the family and friends of Justin Diaz with a lifetime of grief.” Pena pleaded guilty on July 1 to charges of manslaughter and vehicular manslaughter, according to court documents. He was sentenced to four to 12 years in prison for the manslaughter, and up to seven years on the vehicular manslaughter charge. Both prison sentences will run concurrently.