Ex-off-duty firefighter facing manslaughter and DWI charges

Ex-FDNY firefighter Michael Pena accused in a deadly crash in Queens appearing before a judge today

Pena is facing manslaughter and DWI charges. Fox News' Linda Schmidt is in the newsroom with more on this one. Linda

Yeah, hi there, Bianca. Well, he was a probationary firefighter when the Queens District Attorney says that he was drunk and high on drugs

and driving more than 80 miles per hour in a 25 mile per hour zone

28-year-old Michael Pena has been indicted by a grand jury on charges of manslaughter

drunk driving, and driving under the influence of drugs, allegedly cocaine, when he slammed his car into a car being driven by 23-year-old Justin Diaz

This is Justin that you're looking at right here. It happened in February in East Elmhurst, Queens

Now, Diaz was on his way to work at LaGuardia Airport when he was killed

The Queens D saying that Pena blew through a red light and T Diaz car and Pena is now being held without bail They finally took this serious and they saw how bad of a person Michael Pena is He should have never been out on these streets

With the multiple speeding tickets and the acts with the court, he is a dangerous person

who should never have been on these streets. And his acts that night that killed my brother

you know, were the worst that could possibly happen. And even then, the maximum of 15 years

that he can receive for these charges is still not enough to bring justice for my brother

My son Justin is no longer here with us because of somebody's recklessness, depravity, and

knowingly and willingly got behind the wheel under the influence of drugs and alcohol

driving triple the speed limit, right? Now, his life continues, no matter how much time

of prison he gets, right? My son Justin will not, no longer have a future

Now, if Michael Pena is convicted of the top count, he faces the possibility of a maximum sentence of up to 15 years in prison

Bianca, back upstairs to you