The family of 23-year-old Justin Diaz expressed outrage that his accused killer, Michael Peña, was ordered released from Rikers Island on Friday, two weeks after he was remanded into custody without bail following his arraignment in Queens Supreme Court.
A Queens grand jury indicted Peña, a former FDNY firefighter from Oakland Gardens on manslaughter and DWI charges for a pre-dawn collision that killed Diaz on Northern Boulevard in East Elmhurst on February 26.
“We’re sick, angry, disgusted. Michael Peña will be out on the streets enjoying a carefree life while we visit my brother at his gravesite,” Franklin said. “Today, the justice system has failed my brother.”
According to the 14-count indictment, Peña, a 28-year-old off-duty FDNY firefighter from Oakland Gardens, was behind the wheel of a silver Mercedes-Benz S63 Coupe eastbound on Northern Boulevard when he ran a steady red light at 83 mph in a 25-mph zone, slamming into the driver’s side of a purple BMW driven by Diaz, who had the right of way on 107th Street, just a block-and-a-half away from his family’s home. He was on his way to work an early morning shift at LaGuardia Airport.
The force of the impact sent his car into a parked vehicle. EMS rushed him to Elmhurst Hospital with severe trauma, where he was pronounced dead due to his injuries a short while later.
Peña stayed at the scene where a police officer from the 115th Precinct in Jackson Heights smelled a strong odor of alcohol on his breath, watery eyes, slurred speech, and he was unsteady on his feet, according to the indictment. A breath test indicated Peña had a blood alcohol content of .156%, which is above the legal threshold of. .08 %. He also allegedly had cocaine and marijuana in his system, the indictment said.
Peña was remanded on April 17, after Queens Supreme Court Justice Michael Hartofilis considered him a flight risk after the FDNY terminated him following a 28-day suspension. Late last month, his defense attorney filed a writ of habeas corpus in the Appellate Division, requesting bail.
During oral arguments on April 29, Queens Assistant District Attorney Vivian Gonzalez cited Peña’s prior arrests for assaults, resisting arrest, petit larceny, and 25 school-zone speeding tickets. He had been charged with assault in Nassau County in 2022. In that case, he pleaded guilty to disorderly conduct and had to pay restitution to his victim.
“We’re dealing with somebody who has gotten away, from the age of 15, with absolutely everything he has ever done,” Gonzalez argued.
The appellate court judges ruled against the Queens DA’s office and ordered bail set at $75,000. Peña had to surrender his passport and after a half dozen friends and family helped his post bail, and he was released from Rikers Island on Friday afternoon.
Hours earlier, Justin’s father Franklin, blasted the Appellate Division’s decision.
“Unfortunately, the laws in New York State don’t allow for a higher penalty,” he said “Maybe, if there was a higher penalty, maybe people would think twice before speeding down a local street at 83 miles per hour with complete disregard for human life, which is what happened the night when Michael Pena murdered my son, Justin.”
Asked if he had lost faith in the criminal justice system, the still grieving father responded, “In the criminal justice system, yes. Not in the DA.”
A family member set up a GoFundMe account to help his parents with all legal fees as they move forward to ensure that their son receives justice.
