June 28, 2007

Judge busts plea in drunk driving case

Almaden’s George Xinos may serve more time in hit and run death of Pioneer freshman

By Julie Davis Berry
Executive Editor

The man who hit and killed a Pioneer High School student while driving drunk faced the family of his 15-year-old victim, Marcus Keppert, in a courtroom on June 22. George Xinos, 43, came before the judge to face an unusual hearing in which the plea bargain offered to him in the hit-and-run case was set aside due to new information provided by police investigating the case.

Elaine Aviles mother of Marcus Keppert gives a hug to both Meagan Leis and Dre Perez outside the Santa Clara County Courthouse on Hedding Street in San Jose on June 22.

Seeing Xinos in the flesh was especially hard for Marcus’ older brother Alex Pagan. “It made my blood boil to be in the same room with him,” said Alex, “but it is a relief to know that he’s not going to get off so easily and maybe it will keep him off the streets longer.”

George Xinos, 43, pleaded no contest in May to one charge of felony hit-and-run and one misdemeanor charge of driving under the influence in the May 6, 2006 accident. He was to be sentenced next week to a year in county jail, which Keppert’s family feared could be spent in home confinement.

But Assistant District Attorney Chuck Gillingham urged Santa Clara County Superior Court Judge David Cena on Friday to vacate that plea, saying new computer information discovered after Xinos' plea showed he was driving 31 mph over the speed limit rather than the 5-16 mph over the 45 mph speed limit police investigators had initially reported.

Cena agreed and set July 6 as the next hearing for Gillingham to present new charges against Xinos. The new charges could result in a longer sentence for Xinos, who was on probation for a previous arrest for driving under the influence at the time of the accident.

Marcus Keppert's mother Elaine Aviles works on a sign during the poster making party Photos by Dan Miranda

“Thank you for everyone’s support. Without you guys I’d be nowhere,” said a jubilant Elaine Aviles, Marcus’ mom, after the hearing to the dozens of supporter gathered at the courthouse. “Justice was done today. We still have a long road ahead to make sure that George Xinos is off the streets.

“I’m just amazed at this woman,” said Dee Pettway, who attended the hearing with Aviles and is the president of the Greater Sacramento chapter of Mothers Against Drunk Driving. She credited Aviles’ support for driving the investigators to take a closer look at the case. “I would love for her to be a speaker for M.A.D.D.”

There was a palpable sense of relief in the crowd after the hearing as classmates, family and friends stood outside the courthouse holding posters with messages like “Stop Blaming the Victims” and “Get Drunk Drivers Off the Street.” Leland student Casey Skaruch was relieved at the outcome of the hearing, “A weight has been lifted off of me,” he said.

But, no matter what the outcome of Xino’s eventual sentence it was clear that Marcus’ death has left an impression on his young friends. “I can never think about it and be happy,” said Pioneer student Daniel Montesano.

After waiting for an hour for Xinos to exit the courthouse the group of about 50 friends and family members decided that Xinos had probably slipped out a side door. They gathered for one last group hug and vowed to meet again at the July 6 hearing.