
Recent NY college grad killed by drunk, high firefighter
Justin Diaz, a 23-year-old recent graduate from Vaughn College in Queens, New York, was heading to work his 5 a.m. shift at the LaGuardia Airport in his dream car—a BMW he had spent 10 years saving up for. He had just earned his degree in aeronautics and dreamed of working with aircraft.
That dream came to an unfortunate end earlier this February, when an off-duty New York firefighter, 28-year-old Michael Peña, T-boned Diaz after running a red light. It was a high-speed collision—going 83 in a 25 mph zone—that killed him almost instantly.
While medical personnel rushed Diaz to the hospital in an attempt to save him, officers tried to get Peña to blow into a breathalyzer—but he refused. Authorities issued a warrant to have Peña’s blood drawn, which revealed he was high on marijuana, cocaine, and had a BAC of 0.156%.
Police arrested Peña before the trial, and a judge set bail at $50,000, which Peña posted. This gravely upset the Diaz family.
“We are outraged that the state forces this crime to be a bailable offense,” Justin’s brother, Franklin, told Firehouse. “Peña will walk the streets for a $50,000 bail, and just a small percentage must be put up. Justin will never walk the streets again.”
Security footage cost the firefighter his job and manslaughter charges
Prosecutors provided footage of Peña’s Mercedes-Benz driving through a steady red light at over 60 mph over the speed limit, as well as beginning his night of drinking 11 hours before the crash.
Body camera footage from the responding officers shows Peña admitting he ran the red light, identifying himself as a firefighter, and acknowledging that he T-boned Martinez’s BMW. Surveillance footage showed Peña’s passengers, two other firefighters, throwing beer bottles out of the back of his car.
His trial on April 16 landed him with a second-degree manslaughter charge and a DWI charge. Authorities also charged him with intentionally obstructing a license plate, driving an unregistered vehicle, and having an excessively tinted windshield.
He was also relieved of his job as a firefighter after being suspended for 28 days.
Peña will face 15 years behind bars
Peña will spend the next 15 years behind bars. While he relishes in his choices of the night, his family will be mourning their loved one. His mother, Toni, told ABC reporters that his degree came in the mail two days after he was pronounced dead. She placed it in his casket before he was lowered into the ground.
“My son’s life mattered just like anyone else’s. An innocent 23-year-old is going to work. It’s very, very sad. My heart is broken forever,” Toni said. She was also sad to see his dream car totaled. “He worked very hard to get that car. He worked many days overtime so he could have the car of his dreams, and this man shattered every dream he’s ever had.”
Justin’s brother was glad to see Peña put behind bars.
“I’m incredibly happy that they finally took this seriously and they saw how bad of a person Michael Peña is – he should have never been out on these streets,” he said.