NEW YORK (1010 WINS) – An off-duty FDNY firefighter was arraigned on manslaughter charges after allegedly driving while drunk at a high rate of speed in Queens and crashing into another vehicle, killing the driver, prosecutors announced Thursday.
Michael Pena, 28, was arraigned on a felony complaint charging him with manslaughter, vehicular manslaughter, second-degree assault, operating a motor vehicle while under the influence of alcohol or drugs, and related charges, according to Queens District Attorney Melinda Katz.
According to court documents, on Feb. 26, around 4 a.m., Pena was driving a silver Mercedes eastbound on Northern Boulevard in East Elmhurst when he allegedly ran a red light at the 107th Street intersection while traveling 83 mph in a 25-mph zone.
His car slammed into a purple BMW driven by Justin Diaz, 24, who had the right of way, prosecutors said.
Diaz suffered severe trauma and was rushed to a local hospital, where he was pronounced dead from his injuries.
Pena remained at the scene, where police observed signs of intoxication, including a strong odor of alcohol on his breath, watery eyes, slurred speech, and unsteadiness on his feet.
A breathalyzer test found Pena’s blood alcohol content was .156 percent, nearly twice the legal limit of .08 percent. He also allegedly had cocaine and cannabis in his system.
“Drunk and reckless driving often have horrendous consequences,” Katz said. “Our shared roadways are not a racetrack. My office will seek justice for the victim and his loved ones.”
If convicted of the top charge, Pena faces a maximum sentence of up to 15 years in prison.