Ex-FDNY Firefighter Charged in Fatal Northern Boulevard Crash
A Feb. 26 crash at Northern Boulevard and 107th Street killed 23-year-old driver Justin Diaz, and prosecutors say Michael Pena, an off-duty FDNY firefighter, ran a red light at 83 mph while drunk and high.
What We Know
The city record lists the crash at 4:12 a.m. on Feb. 26 at Northern Boulevard and 107th Street in Queens; news accounts put it around 4:15 a.m. Prosecutors say Michael Pena, then an off-duty FDNY firefighter, drove a Mercedes-Benz at 83 mph in a 25 mph zone, ran a red light, and hit the driver’s side of Justin Diaz’s BMW as Diaz drove to work at LaGuardia Airport. Diaz, 23, died at Elmhurst Hospital Center, and two passengers in Pena’s car were hospitalized and expected to recover. Police charged Pena with vehicular manslaughter, DWI, and refusing a breath test; he was later fired by the FDNY, indicted on 14 counts, pleaded not guilty, and was remanded after a judge revoked bond.
Prosecutors say Pena ran the light at three times the limit
The official record places the fatal crash at Northern Boulevard and 107th Street in Queens and lists one person killed and two people injured. It records alcohol involvement and traffic control disregarded as contributing factors and identifies both moving vehicles as sedans.
Prosecutors said Michael Pena drove a Mercedes-Benz at 83 mph in a 25 mph zone and ran a steady red light before hitting the driver’s side of Justin Diaz’s BMW. Surveillance footage described in news accounts showed Diaz driving north on 107th Street toward Northern Boulevard; prosecutors said Diaz had the right of way. After the impact, the BMW and Mercedes were sent toward 108th Street, and the BMW was pushed into a parked Toyota Sienna minivan.
The crash happened on Northern Boulevard at 107th Street
The official record lists the location as Northern Boulevard at 107th Street in Queens. News reports described the area as East Elmhurst, North Corona, or Corona, reflecting differing neighborhood labels for the same crash location.
ABC7 reported that a witness described overnight speeding on Northern Boulevard, saying the boulevard can be emptier late at night and that people speed when there is less police interaction.
Justin Diaz was on his way to an airport job
Justin Diaz, 23, was driving to an early-morning shift at LaGuardia Airport, where he worked as a baggage handler or ramp agent, according to news reports. Friends said he had been called in to help de-ice planes, and relatives said he had just earned an aeronautics degree from Vaughn College.
Alcohol, drugs, speed, and a red light 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 tested at 0.156 percent and that investigators found cocaine and marijuana in his system after a warrant was issued for a blood draw.
Prosecutors also said Pena had been drinking at Queens bars before the crash, drove nearly 60 mph above the speed limit, and had received 25 school-zone speeding violations between 2023 and 2024.
Pena was fired, indicted, and held after bond was revoked
Police initially charged Michael Pena with vehicular manslaughter, driving while intoxicated, and refusing a breath test. The FDNY suspended him without pay after the crash and later fired him after he returned from the suspension.
In April, prosecutors unsealed a 14-count indictment that included second-degree manslaughter and DWI charges. Pena pleaded not guilty, and Judge Michael Hartofilis revoked his bond and ordered him remanded. Prosecutors said he faces up to 15 years in prison if convicted.