Valley Stream Man Indicted On Crash That Killed Brother: Prosecutors

MINEOLA, NY — A Valley Stream man has been arraigned in connection to Father's Day drunken driving crash on the Seaford-Oyster Bay Expressway that killed his 23-year-old half-brother, Nassau County District Attorney Anne Donnelly announced.

Joshua Pena, 23, was indicted Monday on second-degree manslaughter, second-degree assault and second-degree vehicular manslaughter, all felony counts, prosecutors said.

Pena also faces several less serious charges, including driving while intoxicated and second-degree reckless endangerment.

"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," Donnelly said. "Tragically, shortly after being removed from the vehicle by emergency personnel, 23-year-old Xavier Pena succumbed to his injuries. Our thoughts are with the victim’s family as they mourn his loss."

Pena pleaded not guilty and bail was set at $100,000 cash, $200,000 bond, or $1,000,000 partially secured bond. He is due back in court on March 1, 2023.

On the morning of June 19, 2022, an off-duty East Meadow Fire Department official was driving southbound on the Seaford-Oyster Bay Expressway towards exit 1E, when he saw a white 2018 Mercedes on top of the guardrail, leaning against a tree, according to Donnelly.

When the firefighter approached the vehicle, he saw the victim, 23-year-old Xavier Pena, conscious and pinned inside the vehicle and radioed for help, Joshua Pena, was seen walking near brush west of the vehicle.

The data from the vehicle’s crash data recorder revealed that shortly before the collision, the Pena was allegedly driving approximately 127 mph, the D.A. said.

If convicted, Pena faces a maximum of five to 15 years in prison.