The former FDNY firefighter charged with killing a 23-year-old man in a drug and booze-fueled crash was sent to Rikers Island Thursday after prosecutors argued his “pseudo” OnlyFans business gave him a source of income that could allow him to flee.
Michael Pena, 28, driving his Mercedes-Benz 83 mph in a 25 mph zone, blasted through a red light just before he t-boned victim Justin Diaz as the younger man drove a BMW to his baggage handler job at LaGuardia Airport at about 4:15 a.m. on Feb. 26, according to prosecutors.
During his arraignment on a grand jury indictment in Queens Criminal Court Thursday, prosecutors revealed he’d racked up 25 tickets for speeding in school zones in the last couple of years. His $100,000 bond was revoked by Judge Michael Hartofilis during the appearance and he was sent to Rikers Island.
Pena faces up to 15 years in prison if convicted. He is charged with 14 offenses, including manslaughter, assault, speeding and driving while intoxicated.
He was fired from the FDNY in the wake of his arrest.
“We do have reason to believe that he might be operating some sort of pseudo OnlyFans account where he can post and sell content online,” Assistant District Attorney Vivian Gonzalez said in court, arguing for Pena to be held without bail.
“The ties that he used to have with the community through his employment with the FDNY no longer exist. And if he is making money through any internet means, he can do that through anywhere in the country.”
Gonzalez said Pena had multiple prior arrests, including at least five busts for petty larcenies and assaults.
“And very significantly to this case, between 2023 to 2024, this defendant received 25 school zone speeding violations caught on camera,” Gonzalez added.
Pena’s lawyer David Cohen unsuccessfully argued his client should remain free on bail.
“He has not violated or committed anything that’s against the law while he was out on bail,” Cohen said. “There’s absolutely no reason at all to change the bail conditions. He has no new crimes of any consequence. He does have roots in this community, other than he did lose his job. But that does not mean he’s a risk of flight at all.”
The news that Pena’s bail was being revoked came as a relief to Diaz’s family, who was present in court.
“Justice has been served,” Frank Diaz, Justin Diaz’s father, told the Daily News after the hearing. “Now that he’s being remanded he’s starting to see the consequences of the life that he took, the innocent life that he took, the beautiful life that he took.”
The victim’s mother said she was pleased with the outcome of the hearing but acknowledged the “long road ahead.”
“They need to look at the laws and see that people need to be charged accordingly, not according to bail reform, but according to their criminal intent,” said Toni Diaz.
Chilling surveillance video captured Diaz behind the wheel of a BMW heading north on 107th St. in East Elmhurst. As he approaches Northern Blvd., the sound of a fast-moving car rushing by is heard. Moments later, the speeding Mercedes comes into the frame and plows into the driver’s side of the BMW.
Both vehicles lose control and spin violently toward 108th St., where the BMW, now wrecked, crashes into a parked Toyota Sienna minivan along Northern Blvd., the video shows.
Diaz, who was just a couple of blocks from home, died after being rushed by medics to Elmhurst Hospital.
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.
Pena was suspended from the FDNY without pay for 28 days pending an investigation and fired as soon as he returned. He lives in Oakland Gardens, Queens, according to authorities.
When he wasn’t loading bags onto Delta flights, Diaz was studying for an aeronautics degree at Vaughn College in Flushing. 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.
Pena had his driver’s license suspended Thursday.
“My son, who was just starting his life, who was just starting his career, is no longer here,” said the victim’s father after the court appearance. “I will never be able to partake in his future, his accelerations in life, his successes. He will never be married. I will never be able to hold my grandchildren, or any of his kids. Now all this is gone.”
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