The sentencing for a four-time DUI offender and Gilroy man found guilty of murder by a jury in May for a 2009 DUI crash that instantly killed a 6-year-old boy in San Jose is set for Aug. 31.
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.
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 0.11, Bernhard said.
Westover has been held in custody since the incident.