A former FDNY firefighter was sentenced on Thursday to four to 12 years in prison for killing a Queens airport worker in a crash while driving drunk and high on drugs, officials said.
Before receiving his sentence, Michael Peña, who pleaded guilty earlier this month to manslaughter for the crash that killed Justin Diaz, 23, was forced to sit and listen as the victim’s family stood before the court and condemned the man who allowed a night of partying to destroy their lives.
“You took an oath to save lives, but instead chose to get behind a wheel drunk, high… and take the life of my son,” the victim’s mother, Toni Ann Diaz, told Peña in court on Thursday. “You fundamentally negated everything that New York’s Bravest stands for and showed your cowardice instead.”
Diaz was passing through East Elmhurst on his way to his baggage-handling job at LaGuardia Airport on Feb. 26, 2025 when Peña blew through a red light at 83 mph and T-boned the victim’s BMW.
Peña later tested positive for cocaine and marijuana, and had a blood-alcohol content of 0.156 — nearly twice the legal limit, prosecutors said.
“I find it impossible not to consider the relevance between Michael Pena’s career as a firefighter and his behavior,” Angelina Diaz, the victim’s younger sister, said at Peña’s sentencing. “On the JoinFDNY website, it is stated that the position calls for an excellence of character that, evidently, Michael Peña does not possess.”
The then off-duty firefighter had been partying at a bar in Bayside when he got behind the wheel and slammed into Diaz’s BMW after flying through the intersection at 107th St. and Northern Blvd. nearly 60 mph over the speed limit.
Surveillance videos at the bar recorded Peña having his first drink around 6 p.m., nearly 11 hours before the 4:15 a.m. crash, prosecutors said.
“Michael Peña has walked around as if he is a victim,” the victim’s father, Franklin Diaz, said in court. “His friends and family can write letters and continue to visit him in prison. In a few years, He will be released… and will have the opportunity to continue his life. I have to go to the cemetery to visit Justin.”
Peña was fired from the FDNY following his arrest.
When it was finally Peña’s turn to address the court prior to his sentencing, Diaz’s mother, father, brother, sister and other family members stood up and left the court.
“Mr. Peña’s statement was completely hallow,” said Candice Giove, a cousin of Diaz’s who remained in court as her family walked out. “He’s been without remorse this entire time, simply inflicting more pain on the entire family.”
An attorney for Peña said his client was remorseful and that his apology to the victims was sincere — even if they didn’t hear it.
March 5, 2025: A life cut short
New York Daily News Front page for March 5, 2025: Love and anger at funeral for man allegedly killed by firefighter driving drunk and high. Casket of Justin Diaz (inset) is carried from Queens church Tuesday. The 23-year-old was killed Feb. 26 by a drunken firefighter who was going 83 mph in a 25 mph zone and ran a red light, according to police.
“He made a horrible mistake and drove drunk. it was the worst thing he every did in his life but that doesn’t define him,” said David Cohen. “He gave a very beautiful apology to (the victim’s family) and unfortunately they didn’t have the decency to listen to them.”
Shortly before he was killed, Diaz had earned a degree in aeronautics at Vaughn College in Flushing. Giove said she was preparing for his wake when his diploma arrived in the mail.
“He was so excited about it.” said Giove. “That’s all he spoke about was his degree. i was able to give it to him the next day, so at least he could see it in his coffin.”