Miguel Pena
A 2001 incident, caught on video near the Eugenia Hostos School in Yonkers, where a woman was caught driving a car with her boyfriend on the hood has been resolved, with the driver, Mercedes Vargas, 45, agreeing to a 6 month jail sentence and 5 years probation for the 2nd degree Manslaughter death of Miguel Pena.
Below are the facts of the case and the video from 2021. Opinions are mixed as to whether the sentence was too light.
The Yonkers Police Department released a video of a vehicle traveling at a high rate of speed which crashes into a gate outside of the Hostos School in Yonkers. The link to the video is below
https://www.facebook.com/YonkersPD/videos/890124204937724
On Saturday, September 4th, 2021, at approximately 1:24 AM, members of the Yonkers Police Department responded to the north side of the Eugenia Maria De Hostos Microsociety School off Stanley Place on a report of a motor vehicle accident with injuries. Upon arrival First Responders discovered that a 2012 Subaru Forrester had crashed through the Stanley Place access gate to the school property and struck a concrete barrier before impacting the north wall of the school building. A male accident victim was located on the ground adjacent to the barrier; a female accident victim was in the operator’s seat of the Forrester. First Responders rendered medical aid to both parties, including CPR to the male accident victim, but he was pronounced deceased at scene. The female accident victim was taken to a local area hospital. There were no other injured parties at scene. Police cordoned off the area and initiated accident and criminal investigations.
Detectives from the Major Case Squad, Crime Scene Unit, and Digital Forensics Unit, along with Accident Investigators, responded to the scene and interviewed subjects and witnesses, recovered surveillance video, processed forensic evidence, and reconstructed the accident events.
Investigation yielded that the male victim and female operator were in a domestic relationship, and allegedly prior to the accident were drinking at a residence on Stanley Avenue. An argument ensued between the couple, and the female operator attempted to leave in the Forrester. The male victim, either through his actions or hers, or a combination of both, ended up on the hood the Forrester; investigators believe that the male victim may have been trying to prevent the female operator from driving in her inebriated condition. The female operator then drove south on Stanley Avenue at high rate of speed – with her partner still on the hood – crossed Ludlow Street onto Stanley Place and crashed through the access gate before striking the barrier and school wall – a total distance of approximately 260 yards. As a result, the male victim suffered fatal traumatic injuries to his head and body, and the female operator suffered injuries consistent with a vehicle collision; she is expected to recover. Responding police officers further detected evidence and indicators of alcohol consumption by the female operator; she did possess a valid NYS driver’s license. Investigators continue to actively develop information and enhance the case.
The female operator was placed under arrest and charged with one count of Vehicular Manslaughter 2 – DWI, a Class D Felony in the New York State Penal Law. She is identified as Mercedes VARGAS, a 43-year-old resident of Stanley Avenue this City. VARGAS was arraigned in Yonkers Criminal Court yesterday and remanded into the custody of the Westchester County Department of Corrections; her next court date is scheduled for September 10th. The case is being prosecuted by the Westchester County District Attorney’s Office. Additional information may be released as it becomes available.
The male victim is identified as Martires SUSANA-PENA, a 42-year-old resident of Stanley Avenues this City. The City of Yonkers and Yonkers Police Department offers its sincere condolences to his family and friends.
Miguel Pena’s family in the Dominican Republic “wanted justice” for his death and raised $3,600 on a GoFundMePage.
