San Jose Police Withheld Crucial Evidence for More Than One Year

Prosecution of the drunk driver, who killed 15-year-old Marcus Keppert on May 6, 2006, in a San Jose crosswalk, took a dramatic turn this week when it was discovered that the San Jose Police investigators previously withheld evidence that proved drunk driver George Xinos’ vehicle was traveling 76 mph in a 45 mph zone, instead of the previously stated range of 48 - 61 mph.

Xinos pled no contest to felony hit and run and driving under the influence in return for a plea bargain that he receive no more than one year in county jail (a sentence he will probably serve out in his Almaden home under house arrest) and another term on probation. It was only after the victim’s family hired their own expert that law enforcement was finally forced to reveal the true speed of the drunk driver who killed young Marcus.

Prosecutors and police did not charge Xinos with second degree murder or vehicular manslaughter even though they knew: 1) Xinos was on probation for driving under the influence of alcohol (BAC .25 on 09/18/04) when he struck young Marcus, 2) Xinos’ blood alcohol level was nearly three times the legal limit (BAC .22) when he killed Marcus, 3) Xinos fled the scene of the crime, and 4) Xinos was traveling more than 31 mph over the posted speed limit of 45 mph when his vehicle struck Marcus.

Why Lt. John Carr (husband of District Attorney Dolores Carr) and his investigators, charged with the responsibility to investigate the crime, chose to withhold the true speed of the drunk driver who killed a 15 year old boy remains a mystery. “I don’t know why law enforcement is trying to protect the drunk driver that murdered my son, but no amount of government cover up is going to stop me from getting to the truth and seeking justice,” said Elaine Aviles, mother of young victim Marcus Keppert.

“Dealing with the death of your son is tough enough; having to question the integrity of an investigation doesn’t help” said the mother’s attorney, Pat Tillman, Sr.

Family and friends of Marcus Keppert have circulated a petition over the past two weeks that has already garnered more than 2000 signatures. The petition requests Judge David A. Cena set aside the plea bargain entered on May 3, 2007; the District Attorney’s Office charge Drunk Driver George Xinos with Vehicular Manslaughter or Murder in the Second Degree; the case be set for jury trial and; Drunk Driver George Xinos ultimately be sentenced to state prison for the maximum term prescribed by law.

Sentencing under the current plea bargain is scheduled for:
July 3, 2007 at 9:00 a.m. in Dept. 24, Hon. David A. Cena Presiding
Santa Clara Superior Court, 190 W. Hedding St., San Jose, California.

The petition can be viewed in its entirety at http://www.petitiononline.com/050606