A fired New York City firefighter charged in the drug-fueled drunk driving death of a Queens airport worker was released from jail Friday — and the victim’s family is livid.
Michael Peña, 28, was sent to Rikers Island weeks after cops said he sped his Mercerdes through a red light and t-boned a BMW driven by Justin Diaz, who was on his way to his baggage handling job at LaGuardia Airport on Feb. 26.
Peña was initially released on $100,000 bail, but that was revoked after prosecutors revealed he had racked up 25 tickets for speeding in school zones in the past couple of years.
But Peña was freed again on Friday afternoon, his lawyer said, after an appellate judge reversed the decision to remand the disgraced firefighter.
“We’re sick, angry, disgusted,” said Diaz’ brother, Franklin, who stood with outraged family members outside the courthouse wearing “Justice for Diaz” t-shirts. “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.
”He was out on bail, showed up when he was required to,” Cohen said. “He understands the seriousness of the charges. He feels terrible about the whole incident and what happened. But, you know, there’s a legal process that has to be followed.”
But Diaz’ family said they don’t like the direction it is going, and said the two passengers in the car with Peña that day should speak up about what happened and cooperate with prosecutors.
Cops said Peña was traveling 83 mph in a 25 mph zone at the time of the early-morning collision. Diaz had just left for work, and was a couple of blocks away from home.
Pena was charged with vehicular manslaughter, DWI and refusing to take a breath test. Following his initial arraignment, his license was suspended.
After a warrant was issued to draw Pena’s blood, investigators said he was also high on both cocaine and marijuana. His blood-alcohol content tested at 0.156%, nearly twice the legal threshold of 0.08%, prosecutors say.
When he wasn’t loading bags onto Delta flights, Diaz was studying for an aeronautics degree at Vaughn College in Flushing, and had just earned his degree, his family said.
The diploma arrived at his home days after he died. At his funeral, his family placed the degree in his bronze casket before it was closed.
“I am disappointed in the state and how the bail reform laws are,” Diaz’ mother, Toni Ann Federico Diaz, said. “A murderer is a murderer regardless of how it is done. Intent was there. He made that decision to go out there and drink, get high and speed. He made that decision. So therefore, he is a murderer.”
Originally Published: May 2, 2025 at 1:51 PM EDT
