Joshua Pena of Valley Stream indicted in 2022 Father's Day crash that killed half brother, Nassau DA says
The aftermath of the crash on the Seaford-Oyster Bay Expressway on June 19, 2022, that took the life of Xavier Pena. Credit: John Scalesi
A Valley Stream man who was allegedly drunk and driving 127 mph on a suspended license when he crashed over a guardrail on the Seaford-Oyster Bay Expressway, killing his 23-year-old half brother in a Father’s Day 2022 crash, has been indicted on manslaughter and vehicular manslaughter charges, prosecutors said Tuesday.
Joshua Pena, 23, pleaded not guilty at his Monday arraignment. Nassau acting Supreme Court Justice Christopher Hoefenkrieg set Pena’s bail at a $100,000 cash, $200,000 bond, or a $1 million partially secured bond. He faces a maximum of 5 to 15 years if convicted of the charges.
“It was a horrible tragedy,” said Pena’s attorney, Bruce Barket. “Parents lost a son and a brother lost his brother and best friend. Joshua remains heartbroken.”
Barket added: “Whether it was criminal remains to be seen. Not every traffic fatality should result in the incarceration of those who survived the crash.”
According to prosecutors, Pena had a blood alcohol content of 0.17 — more than twice the legal limit in New York State of 0.08 — approximately 45 minutes after the crash when he was tested at the hospital.
Pena was allegedly driving 127 mph shortly before the crash, according to data from his vehicle’s crash data recorder, prosecutors said. And Pena’s driver’s license was suspended at the time of the crash because he allegedly failed to answer summonses in Queens, prosecutors said.
According to prosecutors, an off-duty East Meadow Fire Department official was southbound on the Seaford-Oyster Bay Expressway near Exit 1E on June 19 at about 7:45 a.m. when he saw a white Mercedes on the guardrail and leaning against a tree. Inside the vehicle was 23-year-old Xavier Pena, who was conscious and pinned. Joshua Pena was seen walking nearby.
Emergency responders removed Xavier Pena from the vehicle and he was taken to Nassau University Medical Center, where he was pronounced dead at 8:43 a.m.
“Joshua Pena was allegedly driving more than double the speed limit while intoxicated when he crashed over a guardrail on the Seaford-Oyster Bay Expressway and into a tree, pinning his half-brother inside the vehicle with serious injuries,” Nassau County District Attorney Anne T. Donnelly said in a statement. “Tragically, shortly after being removed from the vehicle by emergency personnel, 23-year-old Xavier Pena succumbed to his injuries."
Pena was indicted on charges of second-degree manslaughter, second-degree assault, second-degree vehicular manslaughter, DWI, second-degree reckless endangerment, reckless driving and third-degree aggravated unlicensed operation of a motor vehicle.
The case is being prosecuted by deputy bureau chief Stephanie Dellinger of the Vehicular Crimes Bureau.
Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.
