Gilroy man charged with murder for fatal DUI accident

A four-time DUI offender and Gilroy man is guilty of murder for a 2009 DUI crash that instantly killed a 6-year-old boy in San Jose.

Gary Westover, 40, faces 22 years to life in prison for the murder of Isaac Young of San Jose, said Angela Bernhard, deputy district attorney.

Westover dodged a murder conviction from a deadlocked jury two years ago for the same car crash, but prosecutors re-opened the case, citing that Westover’s prior drunk car crashes made him all too familiar with the risk he took by driving drunk the night of the crash. 

“He’s not a monster, but I don’t think he has accepted full responsibility this,” Bernhard said.

While the jury read their verdict Wednesday, Bernhard said Westover muttered, “It was a car accident, it was a car accident.”

Bernhard acknowledged that Westover showed some remorse since the crash, and that he attempted to pry the victims out of their vehicle on the scene.

On Feb. 3, 2009, Westover drank at least three 24-ounce beers at his cousin’s house, before hopping behind the wheel to go home. The Young family was driving home from an evening church gathering when Westover ran a red light on Quimby Road in San Jose, and broadsided the Young’s minivan.

Isaac died instantly. His mother suffered from severe injuries, and his father and older brother suffered moderate injuries.

An hour after the crash, Westover’s blood alcohol level still came in at .11, Bernhard said.

Westover has been held in custody since the incident. His sentencing date will be set during his next court date on June 29.

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