By Forum Staff
Queens District Attorney Melinda Katz announced that a City firefighter has been charged with allegedly driving while intoxicated at a high rate of speed and slamming his Mercedes-Benz into another motorist at the intersection of 107th Street and Northern Boulevard in East Elmhurst on Wednesday.
Michael Pena, 28, of Oakland Gardens, was arraigned Thursday evening on a felony complaint charging him with manslaughter in the second degree, vehicular manslaughter in the second degree, assault in the second degree, operating a motor vehicle while under the influence of alcohol or drugs and related charges.
According to the charges, on Wednesday, Feb. 26, at approximately 4:15 a.m., Pena was operating a silver Mercedes S63 Coupe eastbound on Northern Boulevard. The defendant proceeded to drive through a steady red light at the intersection of 107th Street while going 83 mph in a 25-mph zone and slammed into a purple BMW operated by Justin Diaz. The victim was driving through the intersection on 107th Street with the green light in his favor. Diaz, 23, was taken to an area hospital with severe trauma and was pronounced dead as the result of his injuries.
Photo Courtesy of DA Katz
“Our shared roadways are not a racetrack,” DA Katz said.
Pena stayed at the scene where a police officer observed him to be in an intoxicated state, with a strong odor of alcohol on his breath, watery eyes, slurred speech and he was unsteady on his feet. A breath test indicated that Pena had a blood alcohol content of .156 percent, which is above the legal threshold of .08 percent. He also allegedly had cocaine and marijuana 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 count, Pena faces a potential maximum of up to 15 years in prison.
