The family of Justin Diaz says they’re heartbroken after the man accused of killing their loved one was set free on bail Friday.

“We’re sick, angry, disgusted. Michael Pena will be out on the streets enjoying a carefree life while we visit my brother at his gravesite,” Franklin Diaz said. “Today, the justice system has failed my brother.”


What You Need To Know

  • The family of Justin Diaz says they’re heartbroken after the man accused of killing their loved one was set free on bail Friday

  • Michael Pena is accused of running a red light and crashing into the vehicle Justin Diaz was driving back in late-February

  • The Queens District Attorney’s Office says Pena was driving at more than three times the speed limit on a street in Corona, while drunk and high

  • Pena faces a 14-count indictment, including a second-degree manslaughter charge. If convicted of the top count, Pena could face a maximum of 15 years in prison

Michael Pena is accused of running a red light and crashing into the vehicle Justin Diaz was driving back in late-February.

The Queens District Attorney’s Office says Pena was driving at more than three times the speed limit on a street in Corona, while drunk and high.

“He’s prepared to rejoin his family and assist in his defense and come to court whenever he’s required,” Pena’s defense attorney David Cohen said.

Pena faces a 14-count indictment, including a second-degree manslaughter charge.

Since the crash, Pena was fired from his job as a firefighter following a 28-day suspension.

Speaking outside court, Cohen expressed his client’s remorse.

“He understands the seriousness of the charges. He feels terrible about the whole incident and what happened,” Cohen said.

Pena was granted bail after posting $75,000 and surrendering his passports.

But the family of Justin Diaz says by letting Pena out on bail, the justice system is failing them.

“Would they make the same soulless decision to release their killer back onto the streets?” Franklin Diaz said.

If convicted of the top count, Pena could face a maximum of 15 years in prison.

He will be back in court on May 15.