A LaGuardia Airport worker cops say was killed in a Queens crash by a speeding drunk-and-high FDNY firefighter was remembered Tuesday as a dependable Starbucks-loving friend who always did the little things.
Friends and family filled an Astoria church to pay their final respects to Justin Diaz, whose luxury sedan was T-boned by a red light-running off-duty firefighter at 107th St. and Northern Blvd. in East Elmhurst, according to police.
“He just earned his degree in aeronautics,” Diaz’s brother, Franklin Diaz, told the Daily News last week. “He was only 23 with his entire life ahead of him.”
The victim was on his way to his airport baggage handling job about 4:15 a.m. Feb. 26 when a Mercedes traveling 83 mph in a 25 mph zone plowed into the drivers side of his BMW, prosecutors say.
Diaz, who was just a couple blocks from home, died after being rushed by medics to Elmhurst Hospital.
More than 50 colleagues from Delta Airlines, where Diaz worked, packed St. Francis of Assisi Church for Diaz’ Tuesday morning funeral.
“Anyone who knew you, that fiery temper and the attitude of yours, but even more than that, we all knew this love you had for those closest to you,” a friend named Maria said, sharing memories of Diaz.
“Not only did you love me but you also loved my son and you treated him like your little brother. Every time we hung out, you’d get frustrated because if you know me you know I needed a nap before I did anything. You’d always roll your eyes and say, ‘Stop being such a grandma.’”
Despite being cranky sometimes, Maria said Diaz was a doting friend.
“I’ll forever miss the little things. How you walked me to my car or saved me parking spots or just drove me to my car when I had parked too far away,” she said. “And for everyone’s sake up there I truly hope that they have Starbucks because I know you wouldn’t survive without your cold brew in hand and cheese croissant.”
The firefighter, Michael Pena, 28, was suspended from his job without pay for 28 days pending an investigation. He lives in Oakland Gardens, according to authorities.
He is charged with vehicular manslaughter, DWI and refusing to take a breath test. Following his arraignment, his license was suspended.
After a warrant was issued to draw Pena’s blood, investigators said he was also high on both cocaine and marijuana. His blood alcohol content tested at .156 percent, nearly twice the legal threshold of .08 percent, prosecutors say.
At Pena’s arraignment, Queens Criminal Court Judge Anthony Battisti set cash bail at $50,000 or $100,000 bond, which the firefighter posted — a turn of events that upset the victim’s family.
“We are outraged the state forces this crime to be a bailable offense,” Diaz’s brother, Franklin Diaz, 26, said after the firefighter’s arraignment. “Pena will walk the streets for a $50,000 bail and just a small percentage must be put up. Justin will never walk the streets again.”
Prosecutors said Pena was driving nearly 60 mph above the speed limit after a night of drinking at a bar on Bell Blvd. in Bayside, Queens. Surveillance footage from the bar showed him having his first drink around 6 p.m. — nearly 11 hours before the crash.
Surveillance footage obtained by the Daily News shows Diaz behind the wheel of his BMW driving north on 107th St. As he approaches Northern Blvd., the sound of a fast-moving car grows louder. Seconds later, the speeding Mercedes comes into the frame and plows into the driver’s side of the BMW. The two cars then spin out of control toward 108th St., where the wrecked BMW crashes into a parked Toyota Sienna minivan.
The victim had the right of way and Pena blasted through a steady red light, prosecutors say.
Two passengers in the firefighter’s Mercedes, both also 28-year-old men, were taken to Elmhurst Hospital and are expected to recover.