An Austin man, Xavier Zarate, has been handed a sentence of ten years probation for the killing of 13-year-old Brett Cardenas, which occurred during an altercation in South Austin back in 2022. Zarate pleaded guilty to manslaughter and injury to a child according to KXAN.
Running over the teen, Brett died after Zarate chased a group of children who had allegedly vandalized his home. Zarate was said to have started punching the children after getting out of the car. Forgetting to put his vehicle in park, the car rolled and fatally injured the boy. The sentencing includes 300 hours of community service, group anger management private therapy, and more than $17,000 in total restitution to the victim’s parents, as reported by FOX 7 Austin. Zarate must also keep away from the Cardenas family and maintain a valid driver's license.
Kaylee Cardenas, Brett’s sister, expressed her dismay at the sentence, telling KXAN, "With the whole thing, I’m feeling like justice wasn’t served whatsoever, and probation was just a slap on the wrist." During the sentencing hearing, emotional testimonies were provided by Cardenas' loved ones.
Zarate reportedly extended his apologies to the family, saying, "I am so sorry for the loss of Brett Cardenas. It was an accident, but it doesn't matter, Brett is not with us today, and I bear some responsibility for that," he told KXAN. If Zarate violates his probation, he stands to have his probation revoked and could face a 10-year prison sentence.
In response to the sentence handed down, the Travis County District Attorney’s office conveyed their sympathy for the family's loss to FOX 7 Austin, stating, "Our hearts go out to the family for the tragic loss of their young son. Our office approaches every case the same way: we spend time reviewing the facts of the case, work with the family, and consider what, if anything, can be done to ensure that defendants are held accountable for their actions. While we can never bring back the child whose life was lost, this sentence will ensure the defendant is held accountable with two felony convictions, is supervised by the Courts for a long period of time, that the defendant is able to pay the restitution, has a final conviction in which defendant has waived their right to appeal, and that justice is served."
Criminal defense attorney not associated with the case, Amber Vazquez, told KXAN that the probation sentence Zarate received was "far from a slap on the wrist." She outlined the need for prosecutors to demonstrate criminal recklessness to prove manslaughter: a conscious disregard for an obvious risk, yet proceeding with the behavior regardless. "What the DA has to do is look at community safety, and quite frankly, with a probation, you can get anger management and get restitution for a family," Vazquez explained.
