Valley Stream Man Sentenced to Up to 8-1/4 Years in Prison for DWI Crash that Killed Half-Brother
Nassau County District Attorney Anne T. Donnelly announced a Valley Stream man was sentenced today to up to 8-1/4 years in prison for a 2022 drunk-driving crash on the Seaford-Oyster Bay Expressway that killed his 23-year-old half-brother.
Joshua Pena, 25, pleaded guilty on January 30, 2025, before Judge Teresa Corrigan to Manslaughter in the Second Degree (a C felony), Assault in the Second Degree (a D violent felony), Vehicular Manslaughter in the Second Degree (a D felony), two counts of Driving While Intoxicated (unclassified misdemeanors), Reckless Endangerment in the Second Degree (an A misdemeanor), Reckless Driving (an unclassified misdemeanor), and Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (an unclassified misdemeanor).
He was sentenced today to 3-1/2 to 8-1/4 years in prison. NCDA recommended a sentence of 6 to 12 years in prison.
“Joshua Pena’s recklessness, driving twice the legal limit for alcohol and flooring his car on the Seaford-Oyster Bay Expressway, sealed his brother Xavier’s fate and ensured he would never return home again,” said DA Donnelly. “Xavier was a young man, just 23-year-old, with plenty of life to live. Now his family mourns the years they have lost with a loving son, while his brother is sent to prison for his death. These tragic crashes are avoidable if drivers just have the common sense to not drive drunk. We continue to keep Xavier’s family in our thoughts.”
DA Donnelly said that on June 19, 2022, at approximately 7:45 a.m., 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.
When he approached the vehicle, he saw the victim, 23-year-old Xavier Pena, conscious and pinned inside the vehicle and radioed for help. The defendant, Joshua Pena, the victim’s half-brother, was seen walking near the vehicle.
NCPD Emergency Services Unit and members of the Wantagh Fire Department assisted in removing the victim from the vehicle. He was transported to Nassau University Medical Center where he was pronounced deceased at 8:43 a.m.
The defendant was also transported to NUMC where a blood draw determined he had a blood alcohol content of .17 approximately forty-five minutes after the crash.
The data from the vehicle’s crash data recorder also revealed that shortly before the collision, the defendant was driving approximately 127 mph.
Joshua Pena’s privilege to operate a motor vehicle in New York was suspended at the time of the crash for failure to answer summonses in Queens County.
The defendant surrendered to the Nassau County Police Department’s Homicide Squad on January 23, 2023.
The case is being prosecuted by Deputy Bureau Chief Tara DePalo of the District Court Trial Bureau under the supervision of Vehicular Crimes Bureau Chief Michael Bushwack and under the overall supervision of Executive Assistant District Attorney for the Litigation Division Kevin Higgins. The defendant is represented by Steven Epstein, Esq.