New York Personal Injury Attorneys BlogQueens Car Accident Lawyers on Kew Gardens Crash: Off-Duty Firefighter Indicted for Drunk, Drugged Driving That Killed 23-Year-Old Justin Diaz
The recent arraignment of Michael Peña, a former FDNY firefighter accused of causing a fatal car crash in Kew Gardens while under the influence of drugs and alcohol, highlights the devastating consequences of reckless driving and the urgent need for accountability in our justice system.
On February 26, 2025, 23-year-old Justin Diaz (picture) was just a block and a half from his family’s home, driving to an early shift at LaGuardia Airport, when his life was tragically cut short. According to prosecutors, Peña—who was off-duty at the time—was traveling at 83 mph, nearly three times the speed limit, when he ran a red light at Northern Boulevard and 107th Street and slammed into Diaz’s vehicle. The crash proved fatal.
Our Queens car accident attorneys represent families devastated by senseless, preventable crashes like this one. No one expects that a loved one commuting to work will be killed by a driver allegedly intoxicated by alcohol, marijuana, and cocaine—especially not someone sworn to protect the public.
An Indictment Reflecting the Seriousness of the Charges
On Thursday, a 14-count indictment was unsealed, including second-degree manslaughter and multiple DWI-related charges. The courtroom erupted in emotion as Peña, who had previously been released on bail, was remanded into custody. For Justin Diaz’s grieving family, it was a moment of long-awaited recognition that their loss is being taken seriously by the legal system.
According to officials, surveillance footage shows Peña ignoring the red light and T-boning Diaz’s vehicle. Body-worn police camera recordings allegedly show Peña admitting that he ran the light and that he had been drinking. Toxicology results confirmed he was still intoxicated and under the influence of drugs five hours after the crash. Prosecutors say he had been drinking in Queens bars for 10 hours leading up to the collision.
Pattern of Reckless Behavior
Peña’s past interactions with law enforcement raise significant concerns. He has five prior arrests and accumulated 25 school zone speeding violations between 2023 and 2024, demonstrating a pattern of disregard for public safety. Prosecutors also noted that he was driving an unregistered vehicle with an obstructed license plate and illegally tinted windshield at the time of the crash.
In cases like this, the law must send a clear message: those who endanger lives through reckless, intoxicated driving must be held fully accountable.
Fighting for Justice After Fatal Car Crashes in Queens
Our Personal Injury Law Firm is based in Manhattan but we have a long story helping Queens families—including the family of Steven Frosh, a dedicated New York City sanitation worker who was tragically killed at work. Our firm secured a landmark $41.5 million jury verdict on behalf of the Frosh family. This is one of the largest motor vehicle accident awards in Queens County and stands as a testament to the exceptional legal advocacy provided by our firm. We bring the full weight of top trial lawyers, extensive resources, and deep familiarity with the Queens court system to every case we handle. We are committed to helping victims’ families pursue civil justice in addition to any criminal proceedings. In wrongful death cases, families may be entitled to compensation for loss of companionship, funeral expenses, and the emotional and financial toll of losing a loved one.
No amount of legal action can bring Justin back, but holding drivers like Peña accountable is essential—not just for justice, but for public safety across Queens and all of New York City.
If you lost a loved one in a fatal car crash in Queens caused by a reckless or intoxicated driver, contact our experienced NYC car accident attorneys at 212-943-1090. We offer free consultations, and you pay nothing unless we win compensation on your behalf.
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