Joshua Pena, 25, of Valley Stream, pleaded guilty to manslaughter and related charges in Nassau County Court on Thursday, Jan. 30, in the death of his Xavier Pena.
Joshua Pena was racing down the Seaford-Oyster Bay Expressway at 127 miles per hour and more than twice the legal limit for alcohol when he careened into a guardrail and smashed into a tree near exit 1E shortly before 8 a.m. on Father’s Day 2022, prosecutors said.
His passenger and brother, Xavier Pena, was pinned inside the vehicle, still conscious. The 23-year-old was eventually freed and taken to Nassau University Medical Center, where he later died from his injuries, as Daily Voice reported.
An off-duty East Meadow Fire Department official was the first on the scene and witnessed Joshua Pena walking a short distance away from the car. Testing revealed he had a blood alcohol content of 0.17 percent, more than twice the legal limit to drive, according to prosecutors.
The vehicle’s crash data recorder confirmed that he had been driving nearly 130 miles per hour moments before the crash. At the time, his license was suspended for failing to answer summonses in Queens County.
In court Thursday, Pena pleaded guilty to the following counts:
- Manslaughter in the second degree (felony)
- Assault in the second degree (felony)
- Vehicular manslaughter in the second degree (felony)
- Two counts of driving while intoxicated (misdemeanors)
- Reckless endangerment (misdemeanor)
- Reckless driving (misdemeanor)
- Aggravated unlicensed operation of a motor vehicle (misdemeanor)
“Xavier Pena was just 23 years old when his life was taken by the reckless actions of this defendant – his own flesh and blood,” said Nassau County District Attorney Anne Donnelly.
“Now after this tragic and avoidable crash, one brother will never return home and the other will be confined to a prison cell for years to come. Our thoughts remain with the victim’s family during this difficult time.”
Pena is expected to get between three and eight years in prison when he’s sentenced in April. Prosecutors had recommended between six and 12.
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