The former FDNY firefighter, who is accused of exceeding speed

Kew Gardens, Queens. (WABC) – A former FDNY firefighter, who was accused of a fatal crash in Queens last February, was published on Friday against a deposit of $ 75,000.

The police say that Michael Peña is drunk and high for cocaine and marijuana when he accelerated, a red light led and was a car that was driven by 24-year-old Justin Diaz.

He was released for the second time on Friday.

Diaz 'family appeared in numbers in court where they demanded justice for their beloved people.

“My cousin will never hug his mother, my cousin will never go up and say: 'Hola Mama!' Never to do because you took it away, “said the victim's cousin Joanny Reyes.

The public prosecutor says that Diaz drove to work at the time of the crash on the Northern Boulevard and 107th Street. According to the authorities, Peña, a firefighter from the non-servant probation helper-Hat at this time accelerated with drunk and high and high.

The public prosecutor successfully argued that his shooting from the FDNY was asked before the law and the seriousness of the indictment that he was referred back.

But the defense appeal says that he is not a fluid risk. The Court of Appeal agreed and so Peña was released against the deposit.

“He feels terrible over the entire incident and what happened, but there is a legal procedure that has to be persecuted,” said defender David Cohen.

Part of the district prosecutor's argument to keep Peña in prison are earlier arrests for attacks, petit theft and 25 school zone speed tickets.

“We are dealing with someone who – from the age of 15 – with absolutely everything he has ever done,” said Vivian Gonzalez, the deputy district attorney of Queens.

Diaz 'mother was frustrated by the system.

“They keep failing us, we had a little closure because he knew that he was behind bars and knew that he couldn't do this another family,” said Toni Diaz.

The only deposit with which Peña was confronted was to submit his passport and sign an affidavit that he does not apply for a new one.

Six family members and friends helped him publish the deposit.

He is charged with homicide and a number of other charges. When Peña is convicted, it is up to 15 years in prison.

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