AUSTIN, Texas — A man who pleaded guilty to manslaughter charges after a teenager was killed in 2022 is expected to avoid jail time.
Court documents obtained by KVUE show Xavier Zarate was sentenced to 10 years in prison, probated for 10 years after a 13-year-old was run over by his vehicle in April 2022 in South Austin. This means if Zarate breaks any of the terms of his probation, a 10-year prison sentence would be imposed.
Initially, Zarate was charged with felony injury to a child with intent to cause bodily injury before he was also charged with felony manslaughter. He pleaded guilty to both charges on Feb. 7 before Wednesday's sentencing.
As part of his plea deal, Zarate will also have to attend anger management and take parenting classes. He is also not allowed to have contact with the victim's family and will have to pay the family more than $17,000 in restitution.
Here's the full statement on the sentencing released by a spokesperson with Travis County District Attorney's Office:
“Our hearts go out to the family due 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."
What happened?
Court documents show two boys may have engaged in criminal mischief on April 10, allegedly throwing feces on Zarate's doorstep. Zarate reported the two had committed prior mischief and/or vandalism against him before.
After the incident, Zarate got into his Ford SUV and drove eastbound on Marcus Abrams Boulevard, near Menchaca Road, to confront the juveniles. As he approached them, he said he exited his vehicle and immediately confronted both boys.
A witness said that Zarate rolled up behind the juveniles and immediately began "punching" them, according to documents. The witness stated that they then walked toward the fight to break it up when they observed Zarate's vehicle begin to move forward as if it was not parked.
According to the witness, the vehicle then drove over one of the boys and a bike that was near him. The witness reported that they then observed the 13-year-old lying face-up with trauma to his face, head and arm.
The witness said Zarate then ran behind his vehicle as it continued driving forward. His SUV eventually stopped about 180 feet from where the child was hit. Officials reported Zarate's 4-year-old child was in the backseat at the time before driving back to where the incident occurred.
The 13-year-old was taken to the hospital, where he later died from his injuries.
According to officials, the second juvenile said they threw feces on Zarate's doorstep before taking off on their bicycles. He reported that he heard Zarate yell something along the lines of, "You're going to die tonight you little s---," before Zarate started striking the other boy. He said Zarate punched the boy in the face before pushing him to the ground.