Man Sentenced After High-Speed DWI Crash That Killed Half-Brother: DA

MINEOLA, NY — A Valley Stream man was sentenced on Thursday to up to 8 1/4 years in prison after a high-speed 2022 DWI crash on the Seaford-Oyster Bay Expressway that killed his 23-year-old half-brother, prosecutors said.

Joshua Pena, 25, pleaded guilty in January to charges of second-degree manslaughter, second-degree assault, second-degree vehicular manslaughter, two counts of driving while intoxicated, and second-degree reckless endangerment, Nassau County D.A. Anne Donnelly said.

“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,” Donnelly said. "Now his family mourns the years they have lost with a loving son, while his brother is sent to prison for his death."

He was sentenced to 3-1/2 to 8-1/4 years in prison.

On the morning of June 19, 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, Donnelly said.

When he approached the vehicle, he saw 23-year-old Xavier Pena conscious and pinned inside the vehicle, the DA said.

Joshua Pena was seen walking near the vehicle, prosecutors said.

Pena was taken to a nearby hospital, where his blood alcohol content was .17., more than two times the legal limit of .08, the DA said. The data from the vehicle’s crash data recorder also revealed that shortly before the collision, he was driving at around 127 mph, Donnelly said.

Patch attempted to reach Pena's attorney Steven Epstein, who was not immediately available for comment.