Ex-FDNY firefighter accused of DWI, resulted in fatal crash taken into custody in court

A court hearing in Queens was held in the case of a ex-FDNY firefighter Michael Pena accused of a fatal accident which took life of 23-year-old Justin Diaz.

 A 14-count indictment was unsealed on Thursday, charging Michael Peña with a top count of second-degree manslaughter and DWI charges. Peña has pleaded not guilty.

Despite the fact that he had previously been released on bail the judge ordered Pena to be taken into custody which caused thunderous applause from the family of the deceased Justin Diaz.

The prosecution alleges that in  Peña was intoxicated with alcohol and drugs and significantly exceeded the speed limit, ran a red light and crashed into Diaz's car. The speed of Pena's car at the time of the collision according to the investigation was 83 miles per hour, what is three times higher than the permissible speed.

Prosecutors provided new details regarding Pena's previous problems with the law and the results of tests confirming his intoxication on the night of the accident.

The evidence included CCTV footage of Pena running a red light as well as footage from police body cameras in which Pena allegedly violated traffic rules and crashing into Diaz's car. Tests conducted at the hospital five hours after the accident showed the presence of alcohol, marijuana and cocaine in his blood.

In addition, prosecutors showed videos of Peña drinking alcohol in various Queens bars during the 10 hours leading up to the accident, as well as videos of his two passengers tossing beer bottles out of the car.

The charges included counts relating to driving an unregistered vehicle, hiding the license plate and excessive tinting of the windshield. 

Pena's previous offenses were also mentioned, including arrests for theft, assault, and numerous fines for speeding in a school zone.

If convicted, Pena faces up to 15 years in prison. 

Justin Diaz, the 23-year-old victim, was on his way to work at LaGuardia Airport and was just a few blocks from his family's home.