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Brooklyn District Attorney Eric Gonzalez says the box truck driver who caused the death of an off-duty NYPD officer during a hit-and-run on the Brooklyn-Queens Expressway was sentenced.
Carlos Almanzar Toribio, 31, of Manhattan, will serve 1 1/3 to 4 years in prison for striking motorcyclist Jay Pena on Aug. 25, 2025.
News 12 obtained footage of the truck driving away, leaving behind the motorcycle, engulfed in flames on the side of the expressway.
Pena was a 4-year veteran of the NYPD and a member of the 84th Precinct.
Prosecutors say he was driving his personal motorcycle on the BQE near Atlantic Avenue around 8:45 a.m. when he was hit by - and forced underneath - the box truck that Toribio was driving. Pena was then thrown off the motorcycle and onto the expressway.
According to the DA’s office, Toribio continued driving and stopped about 600 feet away, where he stepped out and tried to dislodge Pena’s motorcycle from beneath his truck. Toribio then got back into the truck, drove over the motorcycle and took off westbound on the BQE.
Paramedics rushed Pena to NYU Langone Hospital, where he died.
“The defendant's actions demonstrate a callous disregard for those around him,” said Gonzalez. “Despite knowing he caused a serious traffic incident, the defendant left the scene.
The NYPD’s Collision Investigation Squad tracked the truck to Gravesend, where they took Toribio into custody.
Police later discovered that Toribio tried to conceal pieces of evidence after the crash.
According to court documents, he replaced the truck's temporary license plate and tore the old one to shreds. He also removed a footpeg from Pena’s motorcycle that was lodged in the truck's rear tires.
Officers found the shredded temporary license plate and the footpeg in the cab of the truck.
News 12 spoke with Police Benevolent Association President Patrick Hendry at Toribio’s arraignment.
“He decided to leave the scene,” Hendry said. “He saw our brother on the side of the road. He admitted that he then removed part of the motorcycle from the box truck and continued to leave. He continued to cover this up time and time again and left our brother to die on the side of the road.”
Toribio pleaded guilty to one count of leaving the scene of an incident in which serious injury or death results on April 21.
He was sentenced Friday.
“While nothing can replace Officer Pena or fully heal the grief and loss of his family and friends, I hope this prison sentence provides some sense of closure,” said Gonzalez.