2022 death of teen boy: Austin man receives probation
AUSTIN, Texas - Xavier Zarate received ten years probation on Wednesday for his actions that resulted in the death of 13-year-old Brett Cardenas in April 2022.
Cardenas’ mother, Donna, called the sentence a "slap on the wrist" and a "slap to my face."
"One thing that I do believe is that you will live in your own personal prison," said Donna Cardenas as family and friends addressed Zarate in court after sentencing.
According to police, on April 10, 2022, two 13-year-olds had possibly engaged in mischief by throwing feces on Zarate's doorstep. Zarate reportedly told police this was an ongoing issue with the juveniles.
He chased down the two in his car before getting out and starting to punch one of them.
"Do you have any idea what it feels like to want to hear someone’s voice so badly that the silence makes you want to scream?" said Kaylee Ana Cardenas, Brett’s now 18-year-old sister.
During his 10-year probation, Zarate will also have to complete 300 hours of community service, go to therapy and group anger management, and pay the family around $17,000 in restitution.
While not happy with the plea deal, Brett’s family said they accepted it for a few reasons.
"Going to trial…we would have to get the testimony of other 13, 14-year-old kids who witnessed that and are still traumatized. And we didn't want to take the chance of losing any of these charges," said Felix Cardenas, Brett’s father. "In a better world, maybe when you lash out in anger and kill a 13-year-old boy, you need to be in jail. But the risk of getting less than what he got was still there. So we just wanted to get this over with."
Zarate apologized to the family in court.
"I am so sorry for the loss of Brett Cardenas," he said. "It was not out of malice, it was an accident, but it doesn’t matter, Brett is not with us today, and I bear some responsibility for that, and I take full responsibility for that judge and I will struggle with this for the rest of my life."
MORE STORIES
- Audrii Cunningham found dead: Don Steven McDougal charged with capital murder
- Inappropriate student relationship: Leander ISD staff member on leave
- Stabbing over workout machine at LA Fitness lands man in jail
Zarate’s attorney, Rick Flores, shared the following statement with FOX 7:
"These cases where a child dies are not easy for anyone. I commend the District Attorney for taking a long hard look at this case and seeing it for what it is—a horrible, terrible, tragic accident," said Rick Flores, Zarate’s attorney, in a statement shared with FOX 7. "Xavier extends his condolences to the Cardenas Family with sincere and deep-felt sadness and continues to pray for the Cardenas family every day. Nothing that could have been done today in Court would bring Brett back, but hopefully by Xavier accepting responsibility for his actions, this resolution will bring some closure for everyone to try and heal."
The Travis County District Attorney’s office also shared the following statement with FOX 7:
"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."