Valley Stream man charged in traffic accident that killed his stepbrother on Father’s Day

Nassau County District Attorney Ann T. Donnelly announced that a Stream Valley man has been prosecuted on charges of manslaughter and manslaughter of a vehicle for a drunken accident on Father’s Day in 2022 on the Seaford-Oyster Bay Expressway which resulted in the death of his 23-year-old half-brother.

Joshua Peña, 23, appeared before Judge Christopher Hofenkrieg on Monday on charges of second-degree manslaughter (a category C felony); Assault in the second degree (Fellow D); Manslaughter in a vehicle in the second degree (a felony category D); Driving under the influence of alcohol (unclassified misdemeanor); Reckless endangerment of the second degree (misdemeanor category A); Reckless driving (unclassified misdemeanor); and Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (Unclassified Misdemeanor). The defendant pleaded not guilty and bail was set at $100,000 in cash, $200,000 on bail, or $1,000,000 on partially secured bail. He is due back in court on March 1, 2023. Pena faces five to 15 years in prison.

“It is believed that Joshua Pena was drunk and driving more than twice the speed limit when he crashed into a guardrail at the Seaford Oyster Bay Expressway and crashed into a tree, causing his half-brother to suffer serious injuries inside the vehicle,” District Attorney Donnelly said. “Unfortunately, shortly after emergency personnel pulled him out of the car, 23-year-old Xavier Peña died from his injuries. Our thoughts are with the victim’s family as they mourn his loss.”

District Attorney Donnelly said that on June 19, 2022, at approximately 7:45 a.m., an East Meadow Fire Department officer on duty was driving south on the Seaford-Oyster Bay Expressway towards exit 1E when he saw a white 2018 Mercedes release at the top of the road. fence leaning against a tree.

When he approached the car, he saw the victim, 23-year-old Xavier Peña, who was conscious and trapped inside the car, and called for help via radio. The accused, Joshua Peña, who is also the victim’s half-brother, was seen walking near the bushes to the west of the vehicle.

An NCPD emergency response team and Vantaha fire department officials helped remove the victim from the vehicle. He was taken to the Nassau University Medical Center, where he was pronounced dead at 8:43 a.m.

The defendant was also taken to NUMC and was said to have a blood alcohol content of 0.17 approximately forty-five minutes after the accident.

Vehicle collision data recorder data also showed that shortly before the collision, the defendant was allegedly driving at a speed of approximately 127 miles per hour.

Joshua Pena’s privilege to drive in New York was suspended at the time of the accident due to his failure to respond to calls in Queens County.

The accused turned himself in to the Nassau County Police Department’s Homicide Squad on January 23, 2023.

The case is being handled by Deputy Bureau Chief Stephanie Dellinger of the Bureau of Motor Crime Enforcement. Respondent represented by Bruce Barket, Esq.