Ex-FDNY firefighter Michael Peña, accused in fatal drunk driving crash set for release; victim’s family outraged


A fired New York City firefighter charged in the drug-fueled drunk driving death of a Queens airport worker was scheduled to be released from jail on Friday — and the victim’s family is livid.

Michael Peña, 28, was sent to Rikers Island weeks after cops said he sped through a red light and t-boned a car driven by Justin Diaz, who was on his way to his baggage handling job at LaGuardia Airport on Feb. 26.

Toni Federico Diaz, mother of Justin Diaz, holds a photo of her son outside Queens Criminal Court, alongside other family members, on Friday, May 2, 2025. (Theodore Parisienne / New York Daily News)

Peña was originally released on $100,000 bail, but that was revoked after prosecutors revealed he had racked up 25 tickets for speeding in school zones in the last couple of years.

But Peña was freed again on Friday after an appellate judge reversed the decision to remand the disgraced firefighter.

Family and friends of Justin Diaz are pictured outside Queens Criminal Court on Friday, May 2, 2025. (Theodore Parisienne / New York Daily News)
Family and friends of Justin Diaz are pictured outside Queens Criminal Court on Friday, May 2, 2025. (Theodore Parisienne / New York Daily News)

“We’re sick, angry, disgusted,” said Diaz’ brother, Franklin. “Michael Peña will be out on the streets enjoying a carefree life while we visit my brother at his grave site.”

Peña’s lawyer, David Cohen, said his client is not a flight risk.

This story will be updated.

Former FDNY firefighter Michael Pena leaves Queens Criminal Court in Queens, New York on Thursday, February 27, 2025, after being arraigned for manslaughter in a fatal car crash. (Gardiner Anderson / New York Daily News)
Former FDNY firefighter Michael Pena leaves Queens Criminal Court in Queens, New York on Thursday, February 27, 2025, after being arraigned for manslaughter in a fatal car crash. (Gardiner Anderson / New York Daily News)
Justin Diaz had just left his family's Queens home and was headed to his job at LaGuardia airport when Michael Pena, a 28-year-old firefighter, barreled through the intersection at 107th St. and Northern Blvd., T-boning Diaz's BMW at a high rate of speed, cops say. (Courtesy of New York Flowers)
Justin Diaz had just left his family’s Queens home and was headed to his job at LaGuardia airport when Michael Pena, a 28-year-old firefighter, barreled through the intersection at 107th St. and Northern Blvd., T-boning Diaz’s BMW at a high rate of speed, cops say. (Courtesy of New York Flowers)

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