Ex-FDNY firefighter charged in fatal Queens crash
Prosecutors say Michael Pena drove 83 mph through a red light and hit Justin Diaz’s BMW at Northern Boulevard and 107th Street in Queens, where the official record logs the 4:12 a.m. crash, Diaz’s death and two injured motorists.
What We Know
Justin Diaz, 23, died after a two-sedan crash at Northern Boulevard and 107th Street in Queens early on Feb. 26, 2025; the city crash record also lists two injured motorists. Prosecutors say Michael Pena, then an off-duty FDNY firefighter, drove a Mercedes-Benz 83 mph in a 25 mph zone, ran a steady red light and hit the driver’s side of Diaz’s BMW as Diaz drove north on 107th Street on his way to work at LaGuardia Airport. The official record lists alcohol involvement and traffic control disregarded as contributing factors. Prosecutors said Pena’s blood-alcohol content was 0.156% and that investigators found cocaine and marijuana in his system. Pena was fired by the FDNY, indicted on 14 counts including manslaughter and DWI charges, pleaded not guilty, and was remanded after a judge revoked his bond.
Prosecutors describe a high-speed red-light crash
The city crash record places the collision at Northern Boulevard and 107th Street in Queens at 4:12 a.m. on Feb. 26, 2025, with one person killed and two motorists injured. Prosecutors said Pena drove a Mercedes-Benz 83 mph in a 25 mph zone and hit the driver’s side of Diaz’s BMW after running a steady red light.
Surveillance video described in news reports showed Diaz driving north on 107th Street as he approached Northern Boulevard. After the impact, the BMW was sent toward 108th Street and into a parked Toyota Sienna, according to prosecutors and reports.
Alcohol, drugs, speed and a traffic signal are central to the case
The official crash record lists alcohol involvement and traffic control disregarded as contributing factors. Prosecutors said Pena’s blood-alcohol content was 0.156% and that investigators found cocaine and marijuana in his system after a warrant for a blood draw.
Prosecutors also said Pena had received 25 school-zone speeding tickets in recent years, a point they raised when arguing that he should be held after indictment.
Justin Diaz was headed to work at LaGuardia
Diaz was 23 and worked at LaGuardia Airport. Relatives and friends told reporters he had just earned an aeronautics degree from Vaughn College; the Daily News reported that his diploma arrived days after his death and was placed in his casket at his funeral.
His family spoke in court and to reporters about the loss. CBS New York quoted his father saying Diaz had been called in for overtime on his day off and “never said no.”
Pena was fired, indicted and remanded
Police initially charged Pena with vehicular manslaughter, DWI and refusing a breath test. The FDNY suspended him after the crash and later fired him.
In April, prosecutors unsealed a 14-count indictment that included manslaughter, assault, speeding and driving-while-intoxicated charges. Pena pleaded not guilty. Judge Michael Hartofilis revoked his bond and ordered him remanded; news reports said he faces up to 15 years in prison if convicted.
Northern Boulevard has a long crash record
The crash happened at Northern Boulevard and 107th Street in Queens. CrashCountNYC’s location context identifies Northern Boulevard in Queens as a high-volume crash corridor: since 2022, the corridor has recorded 3,399 crashes, 2,139 injuries, 137 serious injuries and 11 deaths.