Drunk Driver Was Going 127 MPH Before Seaford Crash That Killed Half-Brother, DA Says

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Joshua Pena, of Valley Stream, was formally arraigned on manslaughter and vehicular manslaughter charges in the death of 23-year-old Xavier Pena in Nassau County Court Monday, Jan. 23.

According to prosecutors, it was around 7:45 a.m. on Father’s Day 2022 when an off-duty East Meadow Fire Department official heading southbound on the Seaford Oyster Bay Expressway spotted Pena’s Mercedes on top of a guardrail, leaning against a tree near Exit 1E.

Xavier Pena was pinned inside the vehicle, still conscious. Joshua Pena, who had been driving, was seen walking a short distance from the car.

Nassau County Police and Wantagh Fire crews were able to free Xavier Pena from the vehicle, but he died at Nassau University Medical Center hours later.

Joshua Pena was also taken to the hospital, where police said testing revealed a blood alcohol content of 0.17 percent, more than twice the legal limit to drive. The vehicle’s crash data recorder showed he had been driving approximately 127 miles per hour moments before the crash.

At the time, his license was suspended for failing to answer summonses in Queens County.

Pena surrendered to the Nassau County Police Department’s Homicide Squad on Monday, Jan. 23. In court, he pleaded not guilty to the following charges:

  • Manslaughter - second degree (felony)
  • Assault - second degree (felony)
  • Vehicular manslaughter - second degree (felony)
  • Driving while intoxicated (misdemeanor)
  • Reckless endangerment - second degree (misdemeanor)
  • Reckless driving (misdemeanor)
  • Aggravated unlicensed operation of a motor vehicle - 3rd degree (misdemeanor)

Pena’s bail was set at $100,000 cash. If convicted, he faces a maximum of five to 15 years in prison. 

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