Des Moines man gets 16 years in prison for drag-racing death

One year and a day after a fatal drag-racing crash, a Des Moines man was sentenced Thursday to 16 years in prison.

Keith Eric Jones, 48, was the second driver sentenced to prison for the crash that killed 4-year-old Marcos Faguada and injured Mayra De Catalan on Dec. 13, 2022. Robert Lee Miller III was previously sentenced to 30 years in prison.

On Nov. 2, 2023, a Polk County jury found Mr. Jones guilty of homicide by vehicle while drag racing; operating under the influence; reckless driving; and knowingly leaving the scene of an accident resulting in death, all related to the death of Marcos Faguada. He was also convicted of OWI and reckless driving related to the injuries to Mayra De Catalan.  

District Judge Lawrence McLellan sentenced Jones to serve the maximum sentence of 10 years for leaving the scene; five years for drag racing; one year for the OWI charges; and 30 days for reckless driving. The sentences will be served consecutively. Jones was given credit for time served.

In addition, Mr. Jones must pay $150,000 in restitution to the family of Marcos Faguada.

The mother of Marcos, Elva Galvan, said the family released lanterns on Wednesday night to commemorate the anniversary of her son’s death. She told the court that Marcos loved to dance, tell jokes, and wear superhero costumes.

“No matter where he was going, he wanted to be invincible,” she said in her victim impact statement.

Ms. Galvan related how the defendant’s actions traumatized her and her family.

“You knew what you were doing that night, drinking and driving and racing,” she said, addressing Mr. Jones.

“As a mother, my heart is broken and I am forever marked because you took my son away from me,” she said. “I am not the happy person that I used to be.”

According to evidence and testimony in the case, Mr. Jones and Mr. Miller were drinking at the Wicked Rabbit at 1101 Army Post Road on Dec. 13, 2022. Mr. Jones had six shots and two mixed drinks at the bar in two hours and 20 minutes, surveillance video showed. The two left separately from the bar, driving west on Army Post and then north on Fleur Drive. Several witnesses testified seeing both vehicles speeding and driving erratically while racing each other. 

On Fleur Drive near Gray’s Lake, Mr. Miller’s Genesis sedan was traveling at speeds up to 108 mph when it crossed the median and struck a vehicle driven by Ms. De Catalan. Her son Thiago and her nephew, Marcos Faguada, were passengers in the vehicle. All three were taken to the hospital, and Marcos, age 4, died.   

Mr. Jones, driving a BWM SUV, did not stay at the scene of the accident. Officers later identified Jones as the driver of the BMW. After several weeks, his vehicle was recovered from a business garage in Chicago. 

The prosecuting attorney on the case was Jaki Livingston with assistance from Legal Assistant Chelsey Wilson. The case was investigated by Officer Bryan Wickett and other officers from the Des Moines Police Department.