Fired NYC firefighter charged with drunk driving death free on bail again
A former New York City firefighter charged with drunk driving in a deadly crash has been released from jail once again after his bail hearing Friday.
Fired FDNY member Michael Pena, 28, was locked up awaiting trial after his indictment on 14 charges, including manslaughter and DUI, in the death of 23-year-old Justin Diaz in Queens.
Fired NYC firefighter charged with DUI granted bail in deadly crash case
Pena was fired by the FDNY after prosecutors said he was drunk, high on cocaine and marijuana, and speeding at 83 mph when he blew through a red light and slammed into Diaz's car on Feb. 26 in Queens.
Surveillance video of the crash in East Elmhurst appeared to show a Mercedes speeding through a light, then slamming into the driver's side of a BMW and pushing it down the street.
Pena was off-duty and Diaz was heading to his job at LaGuardia Airport when it happened.
Pena was originally released on bail after his arrest, but later remanded and taken into custody. An appellate court recently reversed the judge's order to remand him and ruled he must be offered bail with conditions, setting up the hearing Friday in Queens Criminal Court.
"Finally, the Appellate Division realized that [the judge] was incorrect in remanding him and that he was not a risk of flight, and there were conditions that he could be released on. He met those conditions," David Cohen, Pena's defense attorney, said.
Six of Pena's family members posted $75,000 bail, allowing him to walk out of the courthouse instead of going back to his cell. He also turned over his passport.
Victims' family furious after bail hearing
At least 30 of Diaz's family members were at the courthouse for Pena's bail hearing. They said they were furious at the decision to let him out of jail.
"We're sick, angry, disgusted," Franklin Diaz, the victim's brother said. "Michael Pena will be out on the streets enjoying a care-free life while we visit my brother at his gravesite."
"We are very upset. We're disgusted and we're just sick about this decision because, again, Michael Pena is not feeling the weight of the justice system," the victim's father, also named Franklin Diaz, said.
Diaz's family said he was hardworking, kind and had an entire future ahead of him. He had just earned a degree in aeronautics when he was killed just a couple of blocks from his home, they said.
"I want the four justices from the Appellate Division Second Judicial Department to take a long, hard look at this picture right here. This is my brother, Justin Diaz. I want them to imagine holding a picture of their brother, sister or relative and ask themselves, would they make the same soulless decision to release their killer back onto the streets?" Diaz's brother added.
Pena is due back in court May 15.
